REVISED CIRCULAR NO. 1-88* July 1, 1991
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:
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 indecision 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 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 Section 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.
(Sgd.) MARCELO B. FERNAN
Chief Justice
