Rule 56 Flashcards
1
Q
What are the grounds for dismissal of appealled cases in the SC
A
- failure to take the appeal within the reglamentary period
- lack of merit in the petition
- failure to pay the requisite docket fees and other lawful fees or to make deposit for costs
- failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition
- failure to comply with any circular, directive or order without justifiable cause
- error in the choice or mode of appeal
- the fact that the case is not appeallable to the SC
2
Q
What are cases heard by the Supreme Court en banc?
A
- cases in which the constitutionality or validity of any treaty, international or executive agreement, law, EO, PD, proclamation, order, instruction, ordinance or regulation is in question.
- cases raising novel questions of law
- cases affecting ambassadors, other public ministers and consul
- cases involving decisions or orders of the COMELEC, COA, Office of the Ombudsman or Sandiganbayan in administrative disciplinary cases
- cases in which the penalty involved is dismissal of a judge, officer or employee of the judiciary, disbarment of a lawyer or suspension of a lawyer for more than 1 year and a fine exceeding 10,000
- cases where a doctrine or principle of law laid down by the Court en banc or division may be modified or reversed
- cases assigned to a division which in the opinion of at least three members thereof merit the attention of the en banc and are acceptable to the majority of the actual members of the en banc
- all other cases as the court en banc, by a majority of its actual members may deem sufficient to merit its attention
3
Q
What is the procedure if the opinion is equally divided?
A
- it shall be deliberated again
- if there is still no decision reached, an original action shall be dismissed, an appealled cases shall be affirmed and on all other incidental matters, the petition or motion shall be denied.
