The Requisites of a Proper Review Petition Rule 8504
Administrative CIRCULAR NO. 2
SUPREME COURT CIRCULARS AND ORDERS
Considering the provisions of Sec. 12, Art. XVIII of the 1987 Constitution mandating the adoption of a systematic plan to expedite the conclusion or resolution of cases or matters pending in the Supreme Court and the lower courts, and complementing farther the Courtroom'south Resolution of April 7, 1988, complementing Circular No. 1, of Jan 28, 1988, the Court Resolved to adopt formally the following policy and procedural guidelines:
1. Within thirty (30) days from publication in a newspaper of general circulation, the Court will entertain only such petitions that comply strictly with the Rules of Court, specifically, Rules 45 and 65, inclusive of such other rules and resolution issued past the Court when applicative, more peculiarly the following:
(a) As to payment of docketing and other fees. � Dominion 45, Sec. 1 requires that petitions for review be filed with the prescribed period, "paying at the same time," "the corresponding docketing fee". Unless such fees are fully paid at the time of the filing of the petition, Courtroom shall dismiss the petition. Henceforth, the Court shall not have undocketed petitions. In petitions nether Rule 65, the same rule shall govern.
(b) As to service of copies of the petition to the Court of Appeals. � Nether Rule 45, Sec. 1, the Court shall not act on the petition without proof of service of a copy thereof to the Courtroom of Appeals. Henceforth, the petition itself shall be denied in the absence of such a proof attached to such petition when filed. The adverse parties shall likewise exist served, inside the fourth dimension for filing, with a copy of the petition, otherwise, the petition shall be denied. With respect to petitions under Rule 65, the petitioner shall serve the copies thereof to the respondents before filing with the Court.
(c) As to the true copy of the judgment and resolution sough to exist reviewed. � It is a matter of experience that delays are oft acquired past the parties' failure to adhere certified, and clearly legible, copies of the decision, judgment, resolution, and other assailed by the petition. The petition must be accompanied with a certified true, and clearly legible re-create, of the decision, judgment, resolution and order sought to exist reviewed. Equally a matter of smashing leniency and liberality, the court has heretofore granted fourth dimension to litigants to comply with the Rules, and this has given rising to undue delays. Henceforth, petitions filed with the Court, whether nether Rule 45 or Rule 65, shall be accompanied by certified true, and conspicuously legible, copies of the decision, judgment, resolution and other discipline thereof, or every bit a better practice, the duplicate originals (carbon copies) thereof furnished to parties provided they are conspicuously legible. The certification shall be achieved by the proper Clerk of Court of the Court of Appeals of by his duly authorized representative, or past the proper officer of the courtroom, commission, or role involved or past his duly authorized representative, and non by the parties themselves or their counsels.
(d) As to verified argument of the date when detect of judgment and denial of the move for reconsideration. � In the absence of the verified statement in the petition of the appointment when notice of judgment, and the denial of the motion of afterthought, if whatsoever were received, every bit required by Dominion 45, sec. two, the petition shall be dismissed. In petitions nether Rule 65, the petition shall in all cases contain a statement of the date when notice of judgment, and denial of the motion for reconsideration, if any, were received otherwise the petition shall be dismissed.
2. Petitions failing to comply herewith shall be denied or dismissed outright and, as a general policy, no motion for afterthought shall be entertained.
The Clerk of Court is directed to have this Resolution published in a paper of general circulation and circularized amongst all lower courts and the Integrated Bar of the Philippines. He is likewise directed to furnish a copy hereof to the Committee for Revision of the Rules of Court . Gancayco, J., is on leave.
Very truly yours,
(Sgd.) DANIEL T. MARTINEZ
Clerk of Court
The Lawphil Projection - Arellano Law Foundation
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