decisions

• requirements for decisions and resolutions

  • SEC. 13, ART. 8 = The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court.
• requirements for decisions and resolutions

  • SEC. 13, ART. 8 = A certification to this effect signed by the Chief Justice shall be issued and a copy attached to the record of the case and served upon the parties.
• requirements for decisions and resolutions

  • SEC. 13, ART. 8 = Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.
• requirements for decisions and resolutions

  • SEC. 14, ART. 8 = No decision shall be rendered by any court without expressing clearly and distinctly the facts and the law on which it is based.
• requirements for decisions and resolutions

  • SEC. 14, ART. 8 = No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis.
• Decision = the judgment rendered by a court of justice or other competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case or upon a stipulation of facts upon which the disposition of the case is based.
• SEC. 15, ART. 8 = All cases or matters filed after the effectivity of this Constitution must be decided or resolved within 24 months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, 12 months for all lower collegiate courts, and 3 months for all other lower courts.
• SEC. 15, ART. 8 = A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pending, brief, or memorandum required by the Rules of Court or by the court itself
• SEC. 15, ART. 8 = Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.
• SEC. 15, ART. 8 = Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence, shall decide or resolve the case or matter submitted for determination, without further delay.
• maximum periods for rendition of decisions

  • From date of submission for decision or resolution–by constitutional mandate, the various courts must decide or resolve a case or matter submitted thereto within the following periods from the date of submission: Supreme Court = within 24 months
• maximum periods for rendition of decisions

  • From date of submission for decision or resolution–by constitutional mandate, the various courts must decide or resolve a case or matter submitted thereto within the following periods from the date of submission: Court of Appeals and other collegiate appellate courts = within 12 months unless reduced by the Supreme Court
• maximum periods for rendition of decisions

  • From date of submission for decision or resolution–by constitutional mandate, the various courts must decide or resolve a case or matter submitted thereto within the following periods from the date of submission: Lower courts = within 3 months unless reduced by the Supreme Court
• maximum periods for rendition of decisions

  • SEC. 5 = A case or matter is deemed submitted for decision or resolution from the date the last pleading, brief, or memorandum is filed.
• pleading = provides notice to the plaintiff of the defendant's intentions with regard to the suit
• pleading = provide notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies.
• brief = a written argument submitted to the court. Lawyers often prepare briefs which highlight and clarify certain information or provide legal comparisons in an attempt to persuade the courtroom to rule in favor of that lawyer’s client.
• memorandum = In a legal sense, can refer to a comprehensive and organized written document that summarizes and analyzes relevant laws based on legal research to support a conclusion on a particular legal issue.
• memorandum = usually includes a description of factual background of the subject case or fact pattern, a statement of the legal issues to be discussed, an introduction of the relevant laws, an analysis of how the law should apply to specific facts and a conclusion.