On 4
December 2007, the SC issued A.M. No. 07-7-12-SC, approving the proposed amendments to
Rules 41, 45, 58 and 65 of the Rules of Court. The Resolution took effect on 27 December 2007,
following its publication in a newspaper of general circulation. The amendments include:
Rule 41 (Appeal from the Regional Trial Courts)
* Under the former provision, no appeal may be taken from [a]n order denying a motion for
new trial or reconsideration. This was already removed in the amendment. In Neypes vs. Court
of Appeals (G.R. No. 141524, 14 September 2005) the SC noted that to standardize the appeal
periods provided in the Rules and to afford litigants fair opportunity to appeal their cases, the
Court deems it practical to allow a fresh period of 15 days within which to file the notice of
appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a
new trial or motion for reconsideration. The SC also stated that [h]enceforth, this fresh period
rule shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the
Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to the
Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and
Rule 45 governing appeals by certiorari to the Supreme Court. The new rule aims to regiment or
make the appeal period uniform, to be counted from receipt of the order denying the motion for
new trial, motion for reconsideration (whether full or partial) or any final order or resolution.
Rule 45 (Appeal by Certiorari to the Supreme Court)
* Section 1 of Rule 45 was amended to include the Court of Tax Appeals (CTA) in the list of
courts from which an appeal may be taken directly to the SC. The previous mode of appeal from
a CTA decision is to the Court of Appeals (CA), through Rule 43. This is no longer the case since
the CTA is of the same rank as the CA. Republic Act No. 9282 (2004) provides that the CTA
shall be of the same level as the Court of Appeals.
* Section 1 now provides that the petition may include an application for a writ of preliminary
injunction or other provisional remedies and that [t]he petitioner may seek the same
provisional remedies by verified motion filed in the same action or proceeding at any time during
its pendency.
Rule 58 (Preliminary Injunction)
* The following provision had been added to Section 5 of Rule 58: The trial court, the Court of
Appeals, the Sandiganbyan or the Court of Tax Appeals that issued a writ of preliminary
injunction against a lower court, board, officer, or quasi-judicial agency shall decide the main
case or petition within six (6) months from the issuance of the writ.
* Before the amendment, the language used with respect to the effectivity for a Temporary
Restraining Order (TRO) issued by lower courts is 20 days (or 60 days when issued by the CA)
from notice to the party or person sought to be enjoined. The amendment uses service,
instead of notice.