BAR MATTER NO.

803 February 17, 1998

Gentlemen:

Quoted hereunder, for your information, is a resolution of the Court En Banc

dated February 17, 1998

Bar Matter No. 803. — Re: Correction of clerical errors in the 1997 Rules of
Civil Procedure which were approved on April 8, 1997, effective July 1, 1997.
— The Court Resolved to CORRECT the following provisions in the 1997
Rules of Civil Procedure: (a) Section 7 of Rule 13; (b) Section 1 (c) of Rule 50;
(c) Section 5 of Rule 58; and Section 1 of Rule 63; and (e) Section 2 of Rule
64, to read as follows:

RULE 13

Section 7. Service by mail. — Service by registered mail shall be made by

depositing the copy in the post office, in a sealed envelope, plainly addressed
to the party or his counsel at his office, if known otherwise at his residence, if
known, with postage fully pre-paid, and with instructions to the postmaster to
return the mail to the sender after ten (10) days if undelivered. If no registry
service is available in the locality of either the sender or the addressee,
service may be done by ordinary mail. (5a)

RULE 50

SECTION 1. Grounds for dismissal of appeal. — An appeal may be dismissed

by the Court of Appeals on its own motion or on that of the appellee on the
following grounds.

xxx xxx xxx

(c) Failure of the appellant to pay the docket and other lawful fees
as provided in section 5 of Rule 40 and section 4 of Rule 41;

RULE 58

Section 5. Preliminary injunction not granted without notice; exception. — No

preliminary injunction shall be granted without hearing and prior notice to the
party or person sought to be enjoined. If it shall appear from facts shown by
affidavits or by the verified application that great or irreparable injury would
result to the applicant before the matter can be heard on notice the court to
 which the application for preliminary injunction was made, may issue a
temporary restraining order to be effective only for a period of twenty (20)
days from service on the party or person sought to be enjoined except as
herein provided. Within the said twenty-day period, the court must order said
party or person to show cause, at a specified time and place, why the
injunction should not be granted, determine within the same period whether or
not the preliminary injunction shall be granted and accordingly issue the
corresponding order.

RULE 63

SECTION 1. Who may file petition. — Any person interested under a deed,
will, contract or other written instrument, or whose rights are affected by a
statute, executive order or regulation, ordinance, or any other governmental
regulation may, before breach or violation thereof, bring an action in the
appropriate Regional Trial Court to determine any question of construction or
validity arising, and for a declaration of his rights or duties thereunder.

RULE 64

Section 2. Mode of review. — A judgment or final order or resolution of the

Commission on Elections and the Commission on Audit may be brought by
the aggrieved party to the Supreme Court on certiorari under Rule 65, except
as hereinafter provided. (n)

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO