RULE 125 - PROCEDURE IN THE SUPREME COURT
Section 1. Uniform Procedure. – Unless otherwise provided by the Constitution or by law, the procedure in the Supreme Court in original and in appealed cases shall be the same as in the Court of
HOW MANY VOTES ARE NEEDED?
> The rule is that the majority is needed to decide a case en banc
> An exception is that when all are not present, majority of all those present/who constitute a quorum and actually participated in the deliberations.
o There must be a quorum
o Majority of those who participated and voted shouldn’t be less than 5
> Division of 7: majority not less than 5; division of 5: majority not less than 3; division of 3: unanimous decision, if the unanimous decision couldn’t be obtained, 2 justices must be temporarily assigned to the division by raffle
Sec. 2. Review of decisions of the Court of Appeals. – The procedure for the review by the Supreme Court of decisions in criminal cases rendered by the Court of Appeals shall be the same as in civil cases.
Sec. 3. Decision if opinion is equally divided. – When the Supreme Court en banc is equally divided in opinion or the necessary majority cannot be had on whether to acquit the appellant, the case shall again be deliberated upon and if no decision is reached after re-deliberation, the judgment of conviction of lower court shall be reversed and the accused acquitted.
WHY SHOULD THE JUDGMENT RESULT IN ACQUITTAL IF NO DECISION IS REACHED AFTER RE-DELIBERATION?
> Because of the presumption of innocence where all doubts should be resolved in favor of the accused and the principle that when inculpatory facts are susceptible of 2 or more interpretations, the ambiguity must be decided in favor of the accused.