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SC AMENDS INTERNAL RULES ON CONTROLLING TITLE OF CONSOLIDATED CASES
Posted: March 19, 2013; Theodore O. Te
On March 5, 2013, the Court approved an amendment to its Internal Rules (A.M. No. 10-4-20-SC), particularly Rule 9 thereof, concerning the titling of consolidated cases .
Rule 9, section 5 on “consolidation of cases” provides that:
SEC. 5. Consolidation of cases. – The Court may order the consolidation of cases involving common questions of law or of fact. The Chief Justice shall assign the consolidated cases to the Member-in-Charge to whom the case having the lower or lowest docket number has been raffled, subject to equalization of case load by raffle.
The amendment consists of an additional paragraph that provides an exception to tradition that the title of consolidated cases shall automatically be that of the lowest docket numbered case. Under the amendment, the controlling title may be any of the consolidated cases which raises the most substantive issues, though not the lowest numbered case.
The amended Rule 9, sec. 5 now reads:
SEC. 5. Consolidation of cases. -- The Court may order the consolidation of cases involving common questions of law or of fact. The Chief Justice shall assign the consolidated cases to the Member-in-Charge to whom the case having the lower or lowest docket number has been raffled, subject to equalization of case load by raffle, provided that generally, the controlling title shall be the title of the case with the lowest docket number; provided, however that such Member-in-Charge may recommend a controlling title based on which of the consolidated cases raises the most substantive issues.
The Judicial Records Office shall see to it that (a) the rollos of the consolidated cases are joined together to prevent the loss, misplacement or detachment of any of them; and (b) the cover of each rollo indicates the G.R. or UDK number with which the former is consolidated.
The Member-in-Charge who finds after study that the cases do not involve common questions of law or of fact may request the Court to have the case or cases returned to the original Member-in-Charge.
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