Guide to Appellate Pleadings

Rule 40. Appeal from MTC to RTC.

Via Notice of Appeal 15 days.
1. Parties
2. Judgment or final order or part thereof appealed from,
3. Material dates showing the timeliness of the appeal.
4. Grounds.

Appellants Memorandum 15 days. Non-filing is ground to

dismiss the appeal.
Appellees Memorandum 15 days from receipt of Appellants
Memorandum.

Record on appeal 30 days:

1. Notice of appeal (see above) and
2. Record on appeal.

RULE 41 - APPEAL FROM THE REGIONAL TRIAL

COURTS TO THE COURT OF APPEALS.

Subject of appeal.An appeal may be taken from a judgment or

final order that completely disposes of the case, or of a particular
matter therein when declared by these Rules to be appealable.

No appeal may be taken from:

(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion
seeking relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of fraud,
mistake or duress, or any other ground vitiating consent.
(f) An order of execution;
(g) A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims, cross-claims
and third-party complaints, while the main case is pending,
unless the court allows an appeal therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is
not appealable, the aggrieved party may file an appropriate
special civil action under Rule 65. (n)

Modes of appeal.

(a) Ordinary appeal.The appeal to the Court of Appeals in

cases decided by the Regional Trial Court in the exercise of its
original jurisdiction shall be taken by filing a notice of appeal
with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse
party. No record on appeal shall be required except in special
proceedings and other cases of multiple or separate appeals
where the law or these Rules so require. In such cases, the
record -on appeal shall be filed and served in like manner.
(b) Petition for review.The appeal to the Court of Appeals in
cases decided by the Regional Trial Court in the exercise of its
appellate jurisdiction shall be by petition for review in
accordance with Rule 42.
(c) Appeal by certiorari.In all cases where only questions of
law are raised or involved, the appeal shall be to the Supreme
Court by petition for review on certiorari in accordance with
Rule 45. (n)

Rule 41, Appeal from RTC to CA.-

Notice of appeal. 15 days. Pay appeal fees to RTC OCC.

1. Parties to the appeal,
2. Judgment or final order or part thereof appealed from,
3. The court to which the appeal is being taken, and
4. Material dates showing the timeliness of the appeal.

Record on appeal; form and contents thereof

1. Full names of all the parties to the proceedings shall be stated
in the caption of the record on appeal.
2. Judgment or final order from which the appeal is taken and,
3. In chronological order, copies of only such pleadings,
petitions, motions and all interlocutory orders as are related to
the appealed judgment or final order for the proper
understanding of the issue involved, together with such data as
will show that the appeal was perfected on time.
4. If an issue of fact is to be raised on appeal, the record on
appeal shall include by reference all the evidence, testimonial
and documentary, taken upon the issue involved.
5. The reference shall specify the documentary evidence by the
exhibit numbers or letters by which it was identified when
admitted or offered at the hearing, and the testimonial evidence
by the names of the corresponding witnesses.
6. If the whole testimonial and documentary evidence in the case
is to be included, a statement to that effect will be sufficient
without mentioning the names of the witnesses or the numbers
or letters of exhibits.
7. Every record on appeal exceeding twenty (20) pages must
contain a subject index. (6a)

Approval of record on appeal

1. Upon the filing of the record on appeal for approval and if no
objection is filed by the appellee within five (5) days from
receipt of a copy thereof, the trial court may approve it as
presented or upon its own motion or at the instance of the
appellee, may direct its amendment by the inclusion of any
omitted matters which are deemed essential to the determination
of the issue of law or fact involved in the appeal.
2. If the trial court orders the amendment of the record, the
appellant, within the time limited in the order, or such extension
thereof as may be granted, or if no time is fixed by the order
within ten (10) days from receipt thereof, shall redraft the record
by including therein, in their proper chronological sequence,
such additional matters as the court may have directed him to
incorporate, and shall thereupon submit the redrafted record for
approval, upon notice to the appellee, in like manner as the
original draft. (7a)
Joint record on appeal.Where both parties are appellants, they
may file a joint record on appeal within the time fixed by section
3 of this Rule, or that fixed by the court.

Perfection of appeal; effect thereof

1. A partys appeal by notice of appeal is deemed perfected as to
him upon the filing of the notice of appeal in due time.
2. A partys appeal by record on appeal is deemed perfected as
to him with respect to the subject matter thereof upon the
approval of the record on appeal filed in due time.
3. In appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of the appeals filed in due time
and the expiration of the time to appeal of the other parties.
4. In appeals by record on appeal, the court loses jurisdiction
only over the subject matter thereof upon the approval of the
records on appeal filed in due time and the expiration of the time
to appeal of the other parties.
5. In either case, prior to the transmittal of the original record or
the record on appeal, the court
5.1. may issue orders for the protection and preservation of the
rights of the parties which do not involve any matter litigated by
the appeal,
5.2. approve compromises,
5.3. permit appeals of indigent litigants,
5.4. order execution pending appeal in accordance with section 2
of Rule 39, and
5.5. allow withdrawal of the appeal.
RULE 42 - PETITION FOR REVIEW FROM THE
REGIONAL TRIAL COURTS TO THE COURT OF
APPEALS

How appeal taken; time for filing.

1. Verified petition for review with the Court of Appeals 15
days,
2. Paying at the same time to the CA clerk of court the
corresponding docket and other lawful fees and costs, and
3. Furnishing the Regional Trial Court and the adverse party
with a copy of the petition.
4. Upon proper motion and the payment of the full amount of
the docket and other lawful fees and the deposit for costs before
the expiration of the reglementary period, the Court of Appeals
may grant an additional period of fifteen (15) days only within
which to file the petition for review.
5. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days. (n)

Form and contents of Petition For Review.

1. Verified petition seven (7) legible copies,
2. With the original copy intended for the court being indicated
as such by the petitioner,
3. Full names of the parties to the case, without impleading the
lower courts or judges thereof either as petitioners or
respondents;
4. Specific material dates showing that it was filed on time;
5. Statement of the maters involved,
6. Issues raised,
7. Specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and
8. Reasons or arguments relied upon for the allowance of the
appeal;
9. Accompanied by clearly legible duplicate originals or true
copies of the judgments or final orders of both lower courts,
certified correct by the clerk of court of the Regional Trial
Court, the requisite number of plain copies thereof and of the
pleadings and other material portions of the record as would
support the allegations of the petition.
10. Verification and Anti-Forum Shopping Certification under
oath
11. Affidavit of Service Adverse parties. Lower Court.
12. CD of pleadings and annexes (PDF format)
13. Explanation

Action on the petition.The Court of Appeals may require the

respondent to file a comment on the petition, not a motion to
dismiss, within ten (10) days from notice, or dismiss the petition
if it finds the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (n)

Contents of comment. seven (7) legible copies,

1. Accompanied by certified true copies of such material
portions of the record referred to therein together with other
supporting papers and
2. State whether or not he accepts the statement of matters
involved in the petition;
3. Point out such insufficiencies or inaccuracies as he believes
exist in petitioners statement of matters involved but without
repetition; and
4. State the reasons why the petition should not be given due
course.
5. A copy thereof shall be served on the petitioner.
6. Affidavit of Service.
7. CD of pleading and annexes (PDF format).
8. Explanation.
9. Verification and AFS Certif optional/not mandatory.

Due course.If the Court of Appeals finds prima facie that the
lower court has committed an error of fact or law that will
warrant a reversal or modification of the appealed decision, it
may accordingly give due course to the petition.

Elevation of record.Whenever the Court of Appeals deems it

necessary, it may order the clerk of court of the Regional Trial
Court to elevate the original record of the case including the oral
and documentary evidence within fifteen (15) days from
notice.(n)

Perfection of appeal; effect thereof

(a) Upon the timely filing of a petition for review and the
payment of the corresponding docket and other lawful fees, the
appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the expiration
of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the
petition, the Regional Trial Court may issue orders for the
protection and preservation of the rights of the parties which do
not involve any matter litigated by the appeal, approve corn-
promises, permit appeals of indigent litigants, order execution
pending appeal in accordance with section 2 of Rule 39, and
allow withdrawal of the appeal.
(b) Except in civil cases decided under the Rule on Summary
Procedure, the appeal shall stay the judgment or final order
unless the Court of Appeals, the law, or these Rules shall
provide otherwise.

Submission for decision.

If the petition is given due course, the Court of Appeals may set
the case
1. For oral argument
2. Or require the parties to submit memoranda within a period of
fifteen (15) days from notice.

RULE 43 - APPEALS FROM THE COURT OF TAX

APPEALS AND QUASI-JUDICIAL AGENCIES TO THE
COURT OF APPEALS

Scope. Rule 43 applies to appeals from judgments or final

orders of the:
1. Court of Tax Appeals and
2. Any quasi-judicial agency in the exercise of its quasi-judicial
functions.
2.1. Civil Service Commission,
2.2. Central Board of Assessment Appeals,
2.3. Securities and Exchange Commission,
2.4. Office of the President,
2.5. Land Registration Authority,
2.6. Social Security Commission,
2.7. Civil Aeronautics Board,
2.8. Bureau of Patents, Trademarks and Technology Transfer,
2.9. National Electrification Administration,
2.10. Energy Regulatory Board,
2.11. National Telecommunications Commission,
2.12. Department of Agrarian Reform under Republic Act No.
6657,
2.13. Government Service Insurance System,
2.14. Employees Compensation Commission,
2.15. Agricultural Inventions Board,
2.16. Insurance Commission,
2.17. Philippine Atomic Energy Commission,
2.18. Board of Investments,
2.19. Construction Industry Arbitration Commission, and
2.20. Voluntary arbitrators authorized by law.

Cases not covered. Rule 43 does not apply to judgments or

final orders issued under the Labor Code of the Philippines
i.e., Labor Arbiter, NLRC En Banc/Division.

Period of appeal. Fifteen (15) days.

1. Only one (1) motion for reconsideration shall be allowed.
2. Pay the appeal docket fee with the CA.
3. Court of Appeals may grant an additional period of fifteen
(15) days only within which to file the petition for review.
4. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days.

How appeal taken.. Verified petition for review

1. Seven (7) legible copies with the Court of Appeals,
2. Proof of service of a copy thereof on the adverse party and on
the court or agency a quo.
3. The original copy of the petition intended for the Court of
Appeals shall be indicated as such by the petitioner.
4. Upon the filing of the petition, the petitioner shall pay to the
CA clerk of court the docketing and other lawful fees and
deposit for costs.
5. Exemption from payment of docketing and other lawful fees
and the deposit for costs may be granted by the Court of Appeals
upon averified motion setting forth valid grounds therefor. If
denied, must pay the docket fees/deposit w/in 15 days.

Contents of the Petition.

1. Full names of the parties to the case, without impleading the
court or agencies either as petitioners or respondents;
2. Specific material dates showing that it was filed within the
period fixed herein.
3. Concise statement of the facts
4. Issues involved
5. Grounds relied upon for the review;
6. Accompanied by a clearly legible duplicate original or a
certified true copy of the award, judgment, final order or
resolution appealed from,
7. Certified true copies of such material portions of the record
referred to therein and other supporting papers;
8. Verification and AFS Certif.
9. Explanation
10. CD of pleading and annexes (PDF format) not yet applied
as of Dec. 27, 2013.

Action on the petition.The Court of Appeals may

1. Require the respondent to file a comment on the petition, not
a motion to dismiss, within ten (10) days from notice,
2. Or dismiss the petition if it finds the same
2.1. to be patently without merit,
2.2. prosecuted manifestly for delay,
2.3. or that the questions raised therein are too unsubstantial to
require consideration.

Contents of Comment. Seven (7) legible copies

1. Accompanied by clearly legible certified true copies of such
material portions of the record referred to therein together with
other supporting papers.
2. Point out insufficiencies or inaccuracies in petitioners
statement of facts and issues;
3. State the reasons why the petition should be denied or
dismissed.
4. A copy thereof shall be served on the petitioner,
5. Affidavit of service
6. Explanation
7. CD of pleading/annexes not yet mandatory as of Dec. 27,
2013.

Due course.If the Court of Appeals finds prima facie that the
court or agency concerned has committed errors of fact or law
that would warrant reversal or modification of the award,
judgment, final order or resolution sought to be reviewed, it may
give due course to the petition; otherwise, it shall dismiss the
same.

Factual Findings. - The findings of fact of the court or agency

concerned, when supported by substantial evidence, shall be
binding on the Court of Appeals.

Effect of appealThe appeal shall not stay the award,

judgment, final order of resolution sought to be reviewed unless
the Court of Appeals shall direct otherwise upon such terms as it
may deem just.

Remedy Integrate a motion for TRO in the petition for review.

Submission for decision.If the petition is given due course,

the Court of Appeals may set the case for oral argument or
require the parties to submit memoranda within a period of
fifteen (15) days from notice.
PROCEDURE IN THE COURT OF APPEALS
RULE 44 - ORDINARY APPEALED CASES

Appellants brief. Forty-five (45) days to file from receipt of

notice from CA. Seven (7) copies. With proof of service of two
(2) copies thereof upon the appellee.

Appellees briefForty-five (45) days from receipt of the

appellants brief. Seven (7) copies. With proof of service of two
(2) copies thereof upon the appellant.

Appellants reply brief.Twenty (20) days from receipt of the

appellees brief. Answer points in the appellees brief not
covered in his main brief of appellant.

Time of filing memoranda in special cases.In certiorari,

prohibition, mandamus, quo warranto and habeas corpus cases,
the parties shall file, in lieu of briefs, their respective
memoranda within a non-extendible period of thirty (30) days
from receipt of the notice issued by the clerk that all the
evidence, oral and documentary, is already attached to the
record.
Failure of the appellant to file his memorandum within the
period therefor may be a ground for dismissal of the appeal.

Extension of time for filing briefs.Extension of time for the

filing of briefs will not be allowed, except for good and
sufficient cause, and only if the motion for extension is filed
before the expiration of the time sought to be extended.

Contents of appellants brief. In the order herein indicated:

(a) A subject index of the matter in the brief

>with a digest of the arguments and page references, and

>table of cases alphabetically arranged, textbooks and statutes
cited with references to the pages where they are cited;
(b) Assignment of errors numbered consecutively;
(c) Statement of the Case - a clear and concise statement of

>nature of the action,

>summary of the proceedings,
> appealed rulings and orders of the court,
>nature of the judgment and
>any other matters necessary to an understanding of the nature
of the controversy,
>with page references to the record;

(d) Statement of Facts

>Facts admitted by both parties

> Facts in controversy,
> With the substance of the proof relating thereto
> With page references to the record;

(e) Statement of the issues of fact or law

(f) Argument

>Appellants arguments on each assignment of error

> With page references to the record.
> The authorities relied upon shall be cited by the page of the
report at which the case begins and the page of the report on
which the citation is found:

(g) Relief - a specification of the order or judgment which the

appellant seeks; and
(h) Appellants brief shall contain, as an appendix, a copy of the
judgment or final order appealed from.

Contents of appellees brief. In the order herein indicated, the

following:
(a) Subject Index
(b) Statement of Facts - Appellee shall state that he accepts
the statement of facts in the appellants brief, or under the
heading Counter-Statement of Facts, he shall point out such
insufficiencies or inaccuracies as he believes exist in the
appellants statement of facts with references to the pages of the
record in support thereof, but without repetition of matters in the
appellants statement of facts; and
(c) Argument - the appellee shall set forth his arguments in the
case on each assignment of error with page references to the
record.
> The authorities relied on shall be cited by the page of the
report at which the case begins and the page of the report on
which the citation is found.

Questions that may be raised on appeal.- Appellant may include

in his assignment of errors any question of law or fact that has
been raised in the court below and which is within the issues
framed by the parties.
Note - He cannot raise a new issue for the first time on appeal.

RULE 45 - APPEAL BY CERTIORARI TO THE SUPREME

COURT

Verified petition with Supreme Court. Appeal by certiorari

from a judgment or final order or resolution of
1. Court of Appeals,
2. the Sandiganbayan,
3. Regional Trial Court
4. or other courts whenever authorized by law

>Verified jurat must cite govt-issued ID

> AFS Certif. jurat must cite govt-issued ID
> Raise only questions of law
> Explanation
> Affid. of Service jurat must cite govt-issued ID
> CD of pleading and annexes (PDF format). May be emailed to
SC.
> IBP #, MCLE #, PTR #/date, IBP Chapter, Attys. Roll No.

Time for filing; extension.The petition shall be filed within

fifteen (15) days from notice of the judgment or final order or
resolution appealed from, or of the denial of the petitioners
motion for new trial or reconsideration filed in due time after
notice of the judgment.

On motion duly filed and served, with full payment of the

docket and other lawful fees and the deposit for costs before the
expiration of the reglementary period, the Supreme Court may
for justifiable reasons grant an extension of thirty (30) days only
within which to file the petition.

Contents of petitionEighteen (18) copies. Original copy

intended for the court being indicated as such by the petitioner.

1. Full name of the appealing party as the petitioner and the

adverse party as respondent, without impleading the lower
courts or judges thereof either as petitioners or respondents;
2. Material dates showing when notice of the judgment or final
order or resolution subject thereof was received, when a motion
for new trial or reconsideration, if any, was filed and when
notice of the denial thereof was received;
3. Statement of the matters involved,
4. Reasons or Arguments relied on for the allowance of the
petition;
5. Accompanied by:

>a clearly legible duplicate original, or a certified true copy of

the judgment or final order or resolution certified by the clerk of
court of the court a quo and the requisite number of plain copies
thereof,
> and such material portions of the record as would support the
petition;

6. Verification and AFS certification

Dismissal or denial of petition by MINUTE RESOLUTION.

1. failure of the petitioner to comply with any of the

requirements regarding

> payment of the docket and other lawful fees, deposit for costs,
> proof of service of the petition,
> the contents of petition
> the documents which should accompany the petition
> The Supreme Court may on its own initiative deny the petition
on the ground that

the appeal is without merit,

is prosecuted manifestly for delay,
that the questions raised therein are too unsubstantial to require
consideration.

Review discretionary under Rule 45.A review is not a matter

of right, but of sound judicial discretion, and will be granted
only when there are special and important reasons therefor.
When allowed:

(a) When the court a quo has decided a question of substance,

not theretofore determined by the Supreme Court, or has decided
it in a way probably not in accord with law or with the
applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted
and usual course of judicial proceedings, or so far sanctioned
such departure by a lower court, as to call for an exercise of the
power of supervision.

Pleadings and documents that may be required; sanctions.

1. Supreme Court may require or allow the filing of such

pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it
may consider appropriate.
2. It may impose the corresponding sanctions in case of non-
filing or unauthorized filing of such pleadings and documents or
noncompliance with the conditions thereof.

Due course; elevation of records.If the petition is given due

course, the Supreme Court may require the elevation of the
complete record of the case or specified parts thereof within
fifteen (15) days from notice.

RULE 46 - ORIGINAL CASES (Court of Appeals)

To what actions applicable.This Rule shall apply to original

actions forcertiorari, prohibition, mandamus and quo warranto.
>Actions for annulment of judgment shall be governed by Rule
47,
>Certiorari, prohibition and mandamus by Rule 65,
>Quo warranto by Rule 66.

Contents and filing of petition; effect of non-compliance with

requirements.The petition shall contain

1. Full names and actual addresses of all the petitioners and

respondents,
2. Concise statement of the matters involved,
3. Factual background of the case,
4. Grounds relied upon for the relief prayed for.
5. In actions filed under Rule 65:
>material dates showing when notice of the judgment or final
order or resolution subject thereof was received, when a motion
for new trial or reconsideration, if any, was filed and when
notice of the denial thereof was received.

6. Seven (7) clearly legible copies

7. Affid. of service
8. Original copy intended for the court indicated as such by the
petitioner
9. Accompanied by:
> a clearly legible duplicate original or certified true copy of the
judgment, order, resolution, or ruling subject thereof,
>such material portions of the record as are referred to therein,
>and other documents relevant or pertinent thereto.

10. Verification
11. AFS Certif.
12. Pay the corresponding docket and other lawful fees to the
clerk of court and deposit the amount of P500.00 for costs at the
time of the filing of the petition.

Dismissal by minute resolution. - The failure of the petitioner to

comply with any of the foregoing requirements shall be
sufficient ground for the dismissal of the petition.

Effect of failure to file comment.When no comment is filed

by any of the respondents, the case may be decided on the basis
of the record, without prejudice to any disciplinary action which
the court may take against the disobedient party.

RULE 50 - DISMISSAL OF APPEAL (Court of Appeals)

Grounds for dismissal of appealAn appeal may be dismissed

by the Court of Appeals, on its own motion or on that of the
appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face that the
appeal was taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal
within the period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful
fees as provided in section 4 of Rule 41;
(d) Unauthorized alterations, omissions or additions in the
approved record on appeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number
of copies of his brief or memorandum within the time provided
by these Rules;
(f) Absence of specific assignment of errors in the appellants
brief, or of page references to the record as required in section
13, paragraphs (a), (c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the
correction or completion of the record within the time limited by
the court in its order;
(h) Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders, circulars, or
directives of the court without justifiable cause; and
(i) The fact that order or judgment appealed from is not
appealable.

Dismissal of improper appeal to the Court of Appeals

1. An appeal under Rule 41 taken from the Regional Trial Court
to the Court of Appeals raising only questions of law shall be
dismissed, issues purely of law not being reviewable by said
court.
Use Rule 45 petition for review on certiorari directly to the
SC. pure questions of law.
2. An appeal by notice of appeal instead of by petition for
review from the appellate judgment of a Regional Trial Court
shall be dismissed.
3. An appeal erroneously taken to the Court of Appeals shall not
be transferred to the appropriate court but shall be dismissed
outright.

PROCEDURE IN THE SUPREME COURT

RULE 56 - ORIGINAL AND APPEALED CASES

A. Original Cases

Original cases cognizable.

1. Certiorari, prohibition, mandamus,
2. quo warranto,
3. habeas corpus,
4. disciplinary proceedings against members of the judiciary and
attorneys,
5. and cases affecting ambassadors, other public ministers and
consuls may be filed originally in the Supreme Court.
B. Appealed Cases

Mode of appealAn appeal to the Supreme Court may be taken

only by apetition for review on certiorari,
>except in criminal cases where the penalty imposed is
1. death automatic review,
2. reclusion perpetua or life imprisonment notice of appeal to
the CA (not SC, PP v. Mateo).

Grounds for dismissal of appeal.The appeal may be dismissed

motu proprio or on motion of the respondent:

(a) Failure to take the appeal within the reglementary period;

(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and other lawful fees
or to make a deposit for costs;
(d) Failure to comply with the requirements regarding proof of
service and contents of and the documents which should
accompany the petition;
(e) Failure to comply with any circular, directive or order of the
Supreme Court without justifiable cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to the Supreme Court.

Disposition of improper appeal.

1. Except as provided in section 3, Rule 122 regarding appeals
in criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment, an appeal taken to the Supreme
Courtby notice of appeal shall be dismissed.

2. An appeal by certiorari taken to the Supreme Court from the

Regional Trial Court submitting issues of fact may be referred to
the Court of Appeals for decision or appropriate action. The
determination of the Supreme Court on whether or not issues of
fact are involved shall be final.

Procedure if opinion is equally divided.Where the court en

banc is equally divided in opinion, or the necessary majority
cannot be had:

1. the original action commenced in the court shall be dismissed;

2. in appealed cases, the judgment or order appealed from shall
stand affirmed;
3. and on all incidental matters, the petition or motion shall be
denied.

Note - Majority vote of SC Division/En Banc needed to reverse

decisions and rulings of lower courts.