ADMINISTRATIVE
CIRCULAR NO. 2 [1988]
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:chanroblesvirtuallawlibrary
(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
resolutions issued by the Court when applicable, more particularly the
following:
[a] As
to payment
of docketing and other fees. — Rule 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, the Court shall dismiss the
petition.
Henceforth, the Court shall not accept undocketed petitions. In
petitions
under Rule 65, the same rule shall govern.
[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.
(2) Petitions
failing
to comply herewith shall be denied or dismissed outright and, as a
general
policy, no motion for reconsideration shall be entertained.The Clerk of
Court is
directed to have this Resolution published in a newspaper of general
circulation
and circularized among 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. MARTINEZClerk
of Court |