REVISED CIRCULAR NO. 1-88




REVISED CIRCULAR NO. 1-88 January 28, 1988 ADMINISTRATIVE SUPERVISION OF COURTS TO: ALL MEMBERS OF THE BAR SUBJECT: IMPLEMENTATION OF SEC. 12, ART. XVIII OF THE 1987 CONSTITUTION AND COMPLEMENTING ADMINISTRA-TIVE 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 with the pertinent provisions of the Rules of Court, more particularly the following: (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. 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 personal shall not be allowed. (4) VERIFIED STATEMENT OF MATERIAL DATES. — A petition shall in all cases contain a verified statement of the date when 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 consideration 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, doubled spaced, or printed on good quality unglazed paper or mimeographed or printed on newsprint or brown mimeographed paper. Eighteen (18) legible copies of such pleading, briefs, memoranda, motions, and other papers shall be filed in cases for 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 (which) fail for comply with the requisites set out in this paragraph. (7) EFFECTIVITY OF AMENDMENTS. — The amendments hereby incorporated shall take effect on July 1, 1991. * Amendments underscored. The Lawphil Project - Arellano Law Foundation