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Chapter Iii Ca
Chapter Iii Ca
JURISDICTION
The Court of Appeals shall exercise its adjudicatory powers, functions
and duties through its seventeen (17) divisions. It sits en banc for the
exercise of administrative, ceremonial and non-adjudicatory functions. 1 Upon
implementation of Rep. Act No. 8246, there shall be twenty-three (23)
Divisions in the Court of Appeals.2
1. MATTERS COGNIZABLE BY THE COURT EN BANC
The Court shall sit en banc to:
1.1. Promulgate rules or orders relative to the organization or
reorganization of the Divisions of the Court and assignment of the
Justices, distribution of cases, and other matters concerning the
operation and management of the Court and/or its Divisions;
1.2. Recommend to the Supreme Court the appointment of the Clerk of
Court, Assistant Clerk of Court, Division Clerks of Court and Court
Reporter;
1.3. Act on administrative matters, such as the regrouping, merger, or
abolition of existing offices, units or services; create new ones, or
transfer the functions of one office, unit or service, to another as the
exigencies of the service may require, subject to the approval of the
Supreme Court;
1.4. Receive foreign and local dignitaries, important guests and visitors,
honor a colleague or retiring member of the Court, hold necrological
services for its members who died in office, and honor a retired
member who died after retirement;
1.5. Adopt uniform administrative measures, procedures, and policies
for the protection and preservation of the integrity of the judicial
processes, the speedy disposition of cases, and the promotion of
efficiency of the personnel;
1.6. Discuss and thresh out divergent views on any particular question
of law so as to reach a consensus thereon or to minimize if not
completely avoid conflict of decisions of the different Divisions of
the Court on the interpretation and application of any question or
provision of law; and
1.7. Take up other administrative matters which the Presiding Justice or
any member may suggest for consideration and inclusion in its
agenda.3
2. MATTERS COGNIZABLE BY THE DIVISIONS4
2.1. Original
C. QUALIFICATIONS OF OFFICERS
The Court of Appeals has a Clerk of Court, an Assistant Clerk of Court,
seventeen (17) Division Clerks of Court and a Court Reporter. These
officials are recommended by the Court en banc to the Supreme Court for
appointment.
1. EXECUTIVE CLERK OF COURT IV (CLERK OF COURT)
2. EXECUTIVE CLERK OF COURT III (ASSISTANT CLERK OF COURT)
Education - Bachelor of Laws
Experience - Ten (10) years or more in the practice of law or has
been Clerk of Court or Deputy Clerk of Court of a
Regional Trial Court or its equivalent for the same
period of time
Training - Thirty-two (32) hours of relevant training in
management and supervision
Eligibility - Rep. Act No. 1080 (Bar)
3. EXECUTIVE CLERK OF COURT III (DIVISION CLERK OF COURT)
Education - Bachelor of Laws
Experience - Five (5) years or more in the practice of law or has
been Clerk of Court or Deputy Clerk of Court of the
Regional Trial Court or its equivalent for the same
period of time
Training - Thirty-two (32) hours of relevant training in
management and supervision
Eligibility - Rep. Act No. 1080 (Bar)
4. COURT REPORTER
Education - Bachelor of Laws
Experience - Five (5) years of relevant experience
Training - Thirty-two (32) hours of relevant training
Eligibility - Rep. Act No. 1080 (Bar)
5. CHIEF JUDICIAL STAFF OFFICER, JUDICIAL RECORDS DIVISION
6. CHIEF JUDICIAL STAFF OFFICER, INFORMATION AND
STATISTICAL DATA DIVISION
7. CHIEF JUDICIAL STAFF OFFICER, LIBRARY SERVICES DIVISION
8. CHIEF JUDICIAL STAFF OFFICER, CASH DIVISION
9. CHIEF JUDICIAL STAFF OFFICER, FISCAL MANAGEMENT AND
BUDGET DIVISION
10. CHIEF JUDICIAL STAFF OFFICER, GENERAL SERVICES DIVISION
11. CHIEF JUDICIAL STAFF OFFICER, HUMAN RESOURCE AND
MANAGEMENT DIVISION
12. CHIEF JUDICIAL STAFF OFFICER, MANAGEMENT AND AUDIT
DIVISION
13. CHIEF JUDICIAL STAFF OFFICER, PROPERTY AND SUPPLY
MANAGEMENT DIVISION
Education - Masteral degree
Experience - Five (5) years of relevant experience
Training - Thirty-two (32) hours of relevant training
Eligibility - Career Service (Professional) and Second Level
Eligibility
14. CHIEF JUDICIAL STAFF OFFICER, MEDICAL AND DENTAL CLINIC
DIVISION
Education - Doctor of Medicine
Experience - Five (5) years of relevant experience
Training - Thirty-two (32) hours of relevant training
Eligibility - Rep. Act No. 1080
15. CHIEF JUDICIAL STAFF OFFICER, ACCOUNTING DIVISION
Education - Masteral degree
Experience - Five (5) years of relevant experience
Training - Thirty-two (32) hours of relevant training
Eligibility - Rep. Act No. 1080 (CPA)
CERTIFICATE
I hereby certify that the minutes and transcripts in this case have been submitted, verified
and are complete.
Clerk-in-Charge of Checking
Minutes & Transcripts
CERTIFICATE
I hereby certify that all the exhibits submitted in this case have been checked, found to be
complete and are attached to the original records of this
Clerk-in-Charge of Checking
Minutes & Transcripts
CERTIFICATE
I hereby certify that all the transcripts, minutes as well as exhibits in this case have been
filed and are attached to the records.
Chief
Civil/Criminal/Special Cases Section
2. NOTICE OF FILE BRIEF
Sir/Madam:
Pursuant to the Supreme Court en banc Resolution dated November 24, 2002 re Bar
Matter No. 209 – In the Matter of the Amendment and/or Clarification of Various
Supreme Court Rules and Resolutions, you are hereby required to file with this Court
within forty-five (45) days from receipt of this notice, SEVEN (7) copies of Appellants
Brief which shall either be typewritten on good quality, unglazed paper, or
mimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8½
inches in width or 13 inches in length by 8½ inches in width. There shall be a margin at
the top and at the left-hand side of each page not less than 1½ inches in width. The
contents shall be written double-spaced and only one side of the page shall be used.
Legible copies of the assailed decision of the Trial Court and proof of service of two
copies upon the appellee/s shall be attached in said Brief.
The Records of the case are now complete and are at disposal in the Judicial Records
Division (Civil Records Section) of this Court for the preparation of the required briefs.
Copy furnished:
Clerk of Court
By:
Date: _____________________
_________________________
______________ON APPEAL
Sir/Madam:
You are hereby notified that all the evidence, oral and documentary, presented in the
above-entitled case are already attached to the records and the same are at your disposal
in this Office.
Pursuant to Resolution No. 231 of this Court en banc and Supreme Court Circular
No. 22-92, which took effect on June 1, 1992, you are hereby required to file in lieu of
briefs, your respective memoranda within a non-extendible period of thirty (30) days
from receipt hereof.
Failure of the PETITIONER(S)/RESPONDENT(S)/APPELLANT(S) to comply with
this rule may be a ground for dismissal of the appeal. However, the case shall be deemed
submitted for decision with or without memorandum from the
PETITIONER(S)/RESPONDENT(S)/APPELLANT(S) after the lapse of the thirty-day
period.
Clerk of Court
By:
_________________________
_________________________
_________________________
_________________________
Sir/Madam:
You are hereby required to forward to this Court within FIVE (5) days from receipt
hereof the PROOF OF RECEIPT (Registry Return Card/Postmaster’s Certification) of a
copy of the brief served upon _______________________________________________
showing the date when counsel for the appellee/appellant received copy of the brief for
the purpose of computing the period in the filing of the ______________________ brief.
Clerk of Court
By:
RE: _________________________
vs. _________________________
CA-G.R. No. _________________________
Sir:
Please inform this Office within ten (10) days from receipt hereof, whether registered
letter no. ______________ which was mailed at __________ on ____________________
and addressed to ______________________________ has been delivered to the
addressee and the date of delivery; if however, said registered letter is still in your
possession unclaimed by the addressee, notwithstanding the required number of notices
you sent him/her, you are hereby directed to return said letter to this Office within the
same number of days as above-stated.
Your immediate compliance is required.
Clerk of Court
By:
_________________________
Sir/Madam:
Information is requested as to the status of Civil/Criminal Case, CA-G.R. No.
________________ entitled __________________________________________ versus
the records of which were remanded to that Court on _____________________ for the
retaking of the testimonies of witnesses covered by the untranscribed stenographic notes
of stenographer/s ________________________________________________________.
Failure to hear from you within five (5) days from receipt hereof will constrain us to
report the matter to the court for appropriate action.
Please be guided accordingly.
Clerk of Court
By:
DIVISION
AGENDA
_________
ANTECEDENT FACTS:
SUBJECT MATTER:
REMARKS:
ORDER:
_____________________________________________________ J, (Ponente)
_____________________________________________________ J,
_____________________________________________________ J.
Respectfully,
-versus –
_________________________
x---------------------------------------------------------------------------------------------------------x
NOTICE OF HEARING
_________________________
WE CONCUR:
_________________________ _________________________
9. SUMMONS
- versus -
_________________________
x---------------------------------------------------------------------------------------------------------x
SUMMONS
To:
GREETINGS:
WHEREAS, on ________________________ the ____________ Division of this
Court promulgated a resolution giving due course to the petition for
______________________ (copies already furnished you by the petitioners) and
directing the Division Clerk of Court to issue summons on the respondents.
NOW, THEREFORE, YOU, the respondents, are hereby required to file your
respective answer to the petition within fifteen (15) days from notice hereof, otherwise,
the petitioner may take judgment by default.
WITNESS, the Honorable _________________________ (Chairman), Honorable
______________ and Honorable ___________________________, this _______ day of
______________ at the Court of Appeals, Manila, Philippines.
Copy furnished:
10. CARTILLA OF HEARING
x---------------------------------------------------------------------------------------------------------x
For Petitioner:
_________________________
For Respondent:
_________________________
x---------------------------------------------------------------------------------------------------------x
x---------------------------------------------------------------------------------------------------------x
* Ponente
_________________________
_________________________
x---------------------------------------------------------------------------------------------------------x
SUBPOENA AD TESTICANDUM
TO:
GREETINGS:
You are hereby commanded to appear before the Honorable
________________________, Associate Justice of the Court of Appeals, at __________
a.m./p.m. on ________________________, at his/her Chambers at this Court, Ermita,
Manila, then and there to testify in connection with this Administrative Case.
FAIL NOT UNDER PENALTY OF LAW
WITNESS the Honorable _________________________________, Associate
Justice, this _____________ day of _________________________.
_________________________
Complainant,
_________________________
Respondent.
----------------------------------------------------------------------------------------------------------x
TO:
GREETINGS:
You are hereby commanded to appear before the Honorable
_______________________ at his/her Chambers at the Court of Appeals, Ermita, Manila
on ____________________, at ___________ o’clock in the morning/afternoon then and
there to testify in the scheduled hearing of this Administrative Case, bringing with you
the ________________ corresponding to the period
______________________________.
YOU ARE HEREBY WARNED THAT FAILURE TO COMPLY WITH THIS
SUBPOENA MAYBE CONSTRUED AS CONTEMPT OF COURT AND PENALIZED
ACCORDINGLY.
WITNESS the Honorable ________________________________, Investigating
Justice, this __________ day of __________________________.
-------------------------------------------,
-------------------------------------------,
x---------------------------------------------------------------------------------------------------------x
CERTIFICATION
Sir:
Quoted hereunder for your information, is a resolution of this Court
(____________________________________ DIVISION) dated ___________________.
_________________________,
_________________________
x---------------------------------------------------------------------------------------------------------x
_________________________
NOTICE OF RESOLUTION/DECISION
S i r/ M a d a m:
Please take notice that on ____________________________________________, a
RESOLUTION/DECISION, copy attached, was rendered by the
_______________________DIVISION, Court of Appeals, on the above-entitled case, the
original copy of which is on file with this Office.
You are hereby required to inform this Court under oath within five (5) days from
receipt hereof, of the date when you received this notice and a copy of the
Resolution/Decision.
Copy furnished
16. WRIT OF EXECUTION
_________________________
_________________________
x---------------------------------------------------------------------------------------------------------x
WRIT OF EXECUTION
TO:
GREETINGS:
WHEREAS, on _______________________, the ___________Division of this Court
promulgated a judgment approving ____________________________________, the
dispositive portion of which reads as follows:
NOW THEREFORE, YOU, the Branch Sheriff are hereby ordered to immediately
enforce and implement the terms and conditions stipulated in this Court’s Decision dated
____________________________ as follow
and to make a return of your proceedings under this Writ within a period of twenty (20)
days from receipt hereof.
Copy furnished
17. ORDER OF RELEASE UPON BOND
NO.
PEOPLE OF THE PHILIPPINES, CA-G.R. ______ No. ____________
Plaintiff-Appellee, No. _________ of the Regional Trial
Court of ______________________
- versus - _____________________________
GRETINGS:
WHEREAS, this Court (________________CRIMINAL CASES DIVISION) on this
________ day of ______________________________, passed a resolution in the above-
entitled case, to wit:
NOW, THEREFORE, in accordance with said resolution, you are hereby commanded
to immediately release from confinement said appellant. __________________________
unless there is any other cause for which he should continue to be detained, and to return
this order with a certificate of your proceedings.
Copy furnished
18. ORDER OF RELEASE
NO. ______________
PEOPLE OF THE PHILIPPINES, CA-G.R. ______ No. ____________
Plaintiff-Appellee, No. _________ of the Regional Trial
Court of ______________________
- versus - _____________________________
___________________________
Accused-Appellant.
ORDER OF RELEASE
GRETINGS:
WHEREAS, on the _________ day of _______________________, a decision was
rendered in the above-entitled case, the dispositive part of which reads as follows:
NOW, THEREFORE, you are hereby ordered to release immediately the herein
accused-appellant _______________________________ unless there is any other cause
for which he should continue to be detained, furnishing this Office with a certificate of
your proceedings.
GIVEN by the Honorable _____________________________________ Chairman,
_____________________ and _____________________________________, Associate
Justice of the Court of Appeals, this __________ day of __________________________.
Copy furnished
19. TRACER (DIVISION CLERK OF COURT)
Clerk of Court
By:
Division Clerk of Court
________________________________________________________________________
Division Clerk of Court
Court of Appeals, Manila
RE: CA-G.R. ____ No. _________
Madam:
In reply to your letter dated _____________________ and having reference to
registered letter no. _________________________ addressed to ____________________
at _________________________________, please be informed that:
1. Said letter was delivered to and received by __________________________ on
______________________________.
2. Said letter has been unclaimed by the addressee and is herewith returned with the
certification that the first notice was sent to and received by
______________________________ on ________________________________.
Very truly yours.
20. ENTRY OF JUDGMENT
________________________________________________________________________
ENTRY OF JUDGMENT
Clerk of Court
By:
___________________
Division Clerk of Court
21. ELEVATION OF RECORDS TO THE SUPREME COURT
_________________________
Sir:
Pursuant to the resolution/decision of this Court dated ______________________, in
CA-G.R. _____No. ________________, entitled _____________________________ vs.
__________________________________, we are forwarding herewith
____________________________________ the records of the case consisting of the
following:
1. _________________________Rollo ________________ pages
2. _________________________Folder of exhibits ______ pages
3. _________________________Folder of original records ______ pages
4. _________________________Original and ___________ copies
TSN
5. Others: ______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Copy furnished:
Clerk of Court
By:
Division Clerk of Court