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A.M. No. 99-2-03-SC (1999) - Extension of Time for the OSG to File Comment or Appellee's Brief

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

The Supreme Court set rules for how the Office of the Solicitor General (OSG) may request extensions to file a comment or appellee's brief in cases involving the State. The first request is limited to 60 days for a comment and 90 days for a brief, with any further extension capped at 20 days unless there is a compelling reason, and the rules took effect on 15 March 1999.

Who it affects: The resolution applies to the Office of the Solicitor General when it seeks time extensions in State‑related cases.

Key provisions

  • First extension limits. On its first request, the OSG may be given an extra 60 days to file a comment and 90 days to file an appellee's brief. [A.M. No. 99-2-03-SC, para. 3]
  • Further extensions. No additional extensions are allowed unless there is a compelling reason, and any such extra extension cannot exceed 20 days. [A.M. No. 99-2-03-SC, para. 3]
  • Extreme urgency. If the case is extremely urgent, the Court may shorten the period the OSG is allowed to plead. [A.M. No. 99-2-03-SC, para. 3]
  • Effective date. The resolution became effective on 15 March 1999. [A.M. No. 99-2-03-SC, para. 4]
  • Publication requirement. The resolution must be published in two newspapers of general circulation in the Philippines. [A.M. No. 99-2-03-SC, para. 4]
  • Distribution of copies. Copies of the resolution are to be given to the Office of the Solicitor General and the Integrated Bar of the Philippines. [A.M. No. 99-2-03-SC, para. 5]
  • Scope of application. The rule applies only to cases involving the State where the OSG files a comment or appellee's brief. [A.M. No. 99-2-03-SC, para. 2]

Common questions

How many extra days can the OSG get on its first request to file a comment?
The OSG can receive up to 60 additional days for a comment. [A.M. No. 99-2-03-SC, para. 3]
What is the maximum extra time for an appellee's brief on the first request?
The OSG may be granted up to 90 extra days for an appellee's brief. [A.M. No. 99-2-03-SC, para. 3]
Can the OSG ask for more than one extension?
Yes, but only if there is a compelling reason, and the additional extension cannot be longer than 20 days. [A.M. No. 99-2-03-SC, para. 3]
What happens if a case is extremely urgent?
The Court may shorten the pleading period that would otherwise be granted to the OSG. [A.M. No. 99-2-03-SC, para. 3]
When did this resolution become effective?
The resolution took effect on 15 March 1999. [A.M. No. 99-2-03-SC, para. 4]
How many newspapers must publish the resolution?
It must be published in two newspapers of general circulation. [A.M. No. 99-2-03-SC, para. 4]
Who receives copies of the resolution?
Copies are to be furnished to the Office of the Solicitor General and the Integrated Bar of the Philippines. [A.M. No. 99-2-03-SC, para. 5]
Does this rule apply to private parties?
No, it only applies to the Office of the Solicitor General in cases involving the State. [A.M. No. 99-2-03-SC, para. 2]

A.M. NO. 99-2-03-SC February 9, 1999

Gentleman:

Quoted hereunder, for your information is a resolution of the Court En Banc dated February 9, 1999

IN RE: EXTENSION OF TIME TO FILE COMMENT OR APPELLEE'S BRIEF BY THE OFFICE OF THE SOLICITOR GENERAL.

The Court notes that in cases involving the State, the Office of the Solicitor General too often asks for several extensions of time to file Comment or Appellee's Brief. While the Court appreciates the heavy workload of the Office of the Solicitor General, nonetheless, the practice of praying for too many extensions of time to plead does not promote the objective of speedy justice.

Accordingly, on its first motion for extension of time to file Comment or Appellee's' Brief, the Office of the Solicitor General shall forthwith be given an extension of sixty (60) days and ninety (90) days, respectively with a warning that no further extension shall be granted, unless compelling reason warrants a further extension, which shall in no case exceed twenty (20) days. In cases of extreme urgency, however, the period to plead that may be granted to the OSG can be shortened.

This resolution shall take effect on 15 March 1999 and shall be published in two (2) newspapers of general circulation in the Philippines.

Let copies of this resolution be furnished the Office of the Solicitor General and the Integrated Bar of the Philippines.

Davide Jr., C.J., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena and Gonzaga-Reyes, JJ.

Very truly yours,

LUZVIMINDA D. PUNO

Chief of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court


The Lawphil Project - Arellano Law Foundation

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