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Considering
the
provisions of Sec. 12, Art. XVIII of the 1987 Constitution mandating
the
adoption of a systematic plan to expedite the decision or resolution of
cases or matters pending in the Supreme Court and the lower courts, and
complementing further the Court's Resolution of April 7, 1988,
complementing
Circular No. 1 of January 28, 1988, the Court resolved to adopt
formally
the following policy and procedural guidelines:
[b] As to service of copies of the petition to the Court of Appeals. — Under Rule 45, Sec. 1, the Court shall not act on the petition without proof of service of a copy thereof to the Court 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 be served within the time 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 sought to be reviewed. - It is a matter of experience that delays are often caused by the parties' failure to attach certified and clearly legible copies of the decision, judgment, resolution, and others assailed by the petition. The petition must be accompanied with a certified true and clearly legible copy of the decision, judgment, resolution and order sought to be reviewed. As a matter of great leniency and liberality, the Court has heretofore granted time to litigants to comply with the Rules, and this has given rise to undue delays. Henceforth, petitions filed with the Court, whether under Rule 45 or Rule 65, shall be accompanied by certified true and clearly legible copies of the decision, judgment, resolution and other subject thereof, or as a better practice, the duplicate originals [carbon copies] thereof furnished to parties, provided they are clearly legible. The certification shall be accomplished by the proper Clerk of Court of the Court of Appeals of by his duly authorized representative, or by the proper officer of the Court, commission, or office involved or by his duly authorized representative, and not by the parties themselves or their counsels. [d] As
to verified
statement of the date when notice of judgment and denial of the motion
for reconsideration. - In the absence of the verified statement in
the petition of the date when notice of judgment, and the denial of the
motion for reconsideration, if any, were received, as required by Rule
45, Sec. 2, the petition shall be dismissed. In petitions under 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.
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