CivPro Reviewer 3 Rule 46

RULE 46
ORIGINAL CASES
Section 1. Title of cases.
In all cases originally filed in the Court of Appeals, the party instituting the action shall be
called the petitioner and the opposing party the respondent.
While the CA is primary an appellate court, it also exercises original jurisdiction over a few
cases.
It exercises exclusive original jurisdiction over petitions for annulment of judgment of the RTC
under Rule 47. In all other cases, the CA exercises concurrent jurisdiction (certiorari, prohibition,
mandamus and quo warranto, habeas corpus, amparo, kalikasan)
Sec. 2. To what actions applicable.
This Rule shall apply to original actions for certiorari, prohibition, mandamus and quo
warranto.
Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule
47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.
Sec. 3. Contents and filing of petition; effect of non-compliance with requirements.
The petition shall contain the full names and actual addresses of all the petitioners and
respondents, a concise statement of the matters involved, the factual background of the case, and
the grounds relied upon for the relief prayed for.
It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the
respondent with the original copy intended for the court indicated as such by the petitioner, and
shall be 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. The certification shall
be accomplished by the proper clerk of court or by his duly authorized representative, or by the
proper officer of the court, tribunal, agency or office involved or by his duly authorized
representative. The other requisite number of copies of the petition shall be accompanied by
clearly legible plain copies of all documents attached to the original.
The petitioner shall also submit together with the petition a sworn certification that he has not
theretofore commenced any other action involving the same issues in the Supreme Court, the
Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such
other action or proceeding, he must state the status of the same; and if he should thereafter learn
that a similar action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes
to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days
therefrom.
The petitioner shall 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.
The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient
ground for the dismissal of the petition.
Sec. 4. Jurisdiction over person of respondent, how acquired.
The court shall acquire jurisdiction over the person of the respondent by the service on him of
its order or resolution indicating its initial action on the petition or by his voluntary submission
to such jurisdiction.
The CA acquires jurisdiction over the person of the respondent when he is served a copy of the
order indicating the court’s initial action on the petition.
What initial action may the CA take on the petition? Upon the filing of the petition, the CA may
either dismiss the petition or require the respondent to file his comment. When the respondent is
served a copy of the court’s order dismissing the petition or requiring him to comment on the
petition, the CA acquires jurisdiction over him.
Unlike the CTA and the SC, the CA does not decide cases en banc. When an original action is
commenced with the CA, it is raffled to a division for adjudication. The division, as a whole,
may receive the evidence submitted, or the Chairman may delegate a member of the division to
receive the evidence, or he may delegate a lower to receive the same.
Sec. 5. Action by the court.
The court may dismiss the petition outright with specific reasons for such dismissal or require
the respondent to file a comment on the same within ten (10) days from notice. Only pleadings
required by the court shall be allowed. All other pleadings and papers may be filed only with
leave of court.
Sec. 6. Determination of factual issues.
Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or
delegate the reception of the evidence on such issues to any of its members or to an appropriate
court, agency or office.
Sec. 7. 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.

CivPro Reviewer 3 Rule 46

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RULE 46

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