REVISED
CIRCULAR NO. 1-88
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.
Considering
the
provisions of Section 12, Article 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 complementing
further
the Court’s Resolution of April 7, 1988 implementing Administrative
Circular
No. 1 of January 28, 1988, the Supreme Court, effective January 1,
1989,
will entertain only petitions that comply strictly with the pertinent
provisions
of the Rules of Court, more particularly the following:chanroblesvirtuallawlibrary
(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.
(a) When the
petition
is filed within the prescribed or reglementary period, the docket and
other
legal fees must be fully paid at the time of the filing of the petition.
(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.cralaw:red
(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.
The filing
fees
under Rule 141, as amended, 189 SCRA, pp. xiv-xxiii. Rule 141, as
amended,
was published in full in the "Manila Bulletin" on September 19, 1990,
are
as follows:chanroblesvirtuallawlibrary
PETITION
FOR REVIEW
ON CERTIORARI
Under
Rule 45
Docket
Fee P
48.00
Docket Fee
(Judiciary
Fund) 352.00
Legal
Research Fund
Fee 20.00
TOTAL P420.00
SPECIAL
CIVIL ACTION
Under
Rule 65
Docket Fee P
48.00
Docket Fee
(Judiciary
Fund) 352.00
Legal
Research Fund
Fee 20.00
Deposit for
Sheriff’s
Fee 200.00
Clerk’s
Commission
2.00
TOTAL P622.00
If a
restraining order
is prayed for in connection with the petition for review on certiorari
under Rule 45, the Sheriff’s fee and Clerk’s Commission prescribed for
special civil actions under Rule 65 in the aggregate amount of P202.00
shall also be deposited.
(d) Where
several
cases were consolidated, treated together, and disposed of in only one
decision in the proceedings a quo, such cases shall be treated as one
case
and the filing fees for the equivalent of only one case shall be
assessed
and collected for said consolidated judgment appealed from, despite the
number of cases covered by the appeal or petition.
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
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.cralaw:red
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.cralaw:red
Effectivity of
amendments. – The amendments hereby incorporated shall take effect
on July 1, 1991.
[Sgd.]
MARCELO
B. FERNANChief
Justice
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