ADMINISTRATIVE CIRCULAR NO. 2




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 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: 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 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, 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 sough 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 other 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 of 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. MARTINEZ Clerk of Court The Lawphil Project - Arellano Law Foundation