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TO: ALL MEMBERS OF THE BAR SUBJECT:
IMPLEMENTATION OF SEC. 12, ART. XVIII OF THE 1987 CONSTITUTION AND
COMPLEMENTING
ADMINISTRATIVE CIRCULAR NO. 1 OF JANUARY 28, 1988 ON EXPEDITIOUS
DISPOSITION
OF CASES PENDING IN THE SUPREME COURT.
(1) Payment of
docketing and other fees. – Section 1 of Rule 45 requires that
petitions
for review be filed and the required fees paid within the prescribed
period.
Unless exempted by law or rule, such fees must be fully paid in
accordance
with this Circular; otherwise, the Court may deny the petition
outright.
The same rule shall govern petitions under Rule 65.
(b) If the petitioner files a motion for extension of time to file the petition and to pay the docket and other legal fees, and the motion is granted, said docket and other legal fees must be fully paid on or before the expiration of the extension granted. (c) If
the petitioner
files only a motion for extension of time to file the petition for
review
on certiorari, the docket and other legal fees must be fully paid upon
the filing of said motion foe extension.
Under Rule 45 Docket
Fee
(2) Form and Service
of Petition. - A petition filed under Rule 45 or under Rule
65,
or in a motion for extension may be denied outright if it is not
clearly
legible, or there is no proof of service on the lower court, tribunal,
or office concerned and on the adverse party in accordance with
Sections
3, 5 and 10 of Rule 13, attached to the petition or motion for
extension
when filed.
(3) Copies of judgment or resolution sought to be reviewed.- Petitions filed with the Supreme Court, whether under Rule 45, Rule 65, R.A. No. 5440 or P.D. No. 1606 shall be accompanied by a clearly legible duplicate original or certified true copy of the decision, judgment, resolution or order subject thereof, and the requisite number of plain copies thereof. The certification shall be accomplished by the proper Clerk of Court or by his duly authorized representative or by the proper officer of the court, tribunal, board, commission, or office involved, or by his duly authorized representative. Certification by the parties themselves, their counsel or any other person shall not be allowed. (4) Verified statement of material dates. – A petition shall in all cases contain a verified statement of the date wen notice of the judgment, order or resolution subject thereof was received, when a motion for reconsideration, if any, was filed, and when notice of the denial thereof was received; otherwise, the petition may be dismissed. (5) Effect of subsequent compliance. – Subsequent compliance with the above requirements will not warrant reconsideration of the order of dismissal unless it be shown that such non-compliance was due to compelling reasons. (6) Pleadings and papers filed. – Pursuant to the Court’s Resolution of February 23, 1984, all pleadings, briefs, memoranda, motions, and other papers to be filed before the Supreme Court shall either be typewritten, double spaced or printed on good quality unglazed paper, or mimeographed or printed on newsprint or brown mimeograph paper. Eighteen (18) legible copies of such pleadings, briefs, memoranda, motions, and other papers shall be filed in cases foe consideration of the Court en banc and nine (9) copies in cases to be heard before a division. Only two (2) copies thereof shall be served upon each of the adverse parties in either case. No action shall be taken on such pleadings, briefs, memoranda, motions and other papers as fail to comply with the requisites set out in this paragraph. Effectivity of
amendments. – The amendments hereby incorporated shall take effect
on July 1, 1991.
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REPUBLIC OF THE PHILIPPINES) City/Municipality_______________) Province_____________________) SS. (relation to party or counsel) of, ___________________________________________________ with office address at ______________________________________________, after being duly sworn, depose and say: That on ______________________________, 198_____ I served a copy of the following Date Pleading/paper by ordinary/registered mail in accordance with Sections 3 and 5 in relation to Section 10 of Rule 13, Rules of Court: In case No. ______________________________________________________ entitled Depositing a copy
in the post office, in a sealed envelope, plainly addressed to the
party
or his attorney at his office/ residence with postage fully prepaid, as
evidenced (in case of registered mail) by Registry Receipt No.
________________
hereto attached, and with instructions to the postmaster to return the
mail to the sender after ten (10) days, if undelivered.
__________________ Manila, Philippines. SUBSCRIBED AND SWORN
to before me this ______ day of Philippines, affiant exhibiting to me
his/her
Residence Certificate No. ______________, issued at__________ on
___________________.
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