REVISED CIRCULAR NO. 1-88* July 1, 1991
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:
(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.
(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, ** are as follows:
PETITION FOR REVIEW ON CERTIORARI Under Rule 45
Docket Fee P48.00
Docket Fee (Judiciary Fund) 352.00
———
Legal Research Fund Fee 20.00
————
TOTAL P420.00
————
SPECIAL CIVIL ACTION Under Rule 65
Docket Fee P48.00
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 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
Footnotes
*
[The amendments are underscored.]
** 189 SCRA, pp. xiv-xxiii. Rule 141, as amended, was published in full in the "Manila Bulletin" on September 19, 1990.**
Annex "A"
CIRCULAR NO. 1-88
REPUBLIC OF THE PHILIPPINES)
City/Municipality_________ ).
Province_________________ )S.S.
AFFIDAVIT OF SERVICE
I, ____________________________, as _________________________
(relation to party or counsel)
of, __________________________________________ with office address at
___________________________________, after being duly sworn, depose and say:
That on ________________, 198_____ I served a copy of the following
Date
pleading/paper by ordinary/registered mail in accordance with Section 3 and 5 in relation to Section 10 of Rule 13, Rules of Court:
Nature of Pleading/Paper
______________________________________
______________________________________
______________________________________
______________________________________
In case No. _________________________________________ entitled depositing a copy in the post office, in a sealed envelope, plainly addressed to the party of his attorney at his office/residence with postage fully prepaid, as evidenced (in case of registered mail) by Registry Receipt No. ______ hereto attached, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered.
That the addressee(s) is/are as follows:
_____________________________________
_____________________________________
_____________________________________
_____________________________________
__________________ Manila, Philippines.
SUBSCRIBED AND SWORN to before me this ____ day of Philippines, affiant exhibiting to me his/her Residence Certificate No. ____________, issued at __________ on ____________.
_______________
Officer Administering the Oath
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