RULE 45

APPEAL BY CERTIORARI TO THE SUPREME COURT

Section 1. Filing of petition with Supreme Court.

A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth.

(notes 1. Amended already by A.M. No. 07-7-12-SC December 27, 2007,as follows:

RULE 45

SECTION 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.

Sec. 2. Time for filing; extension.

The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment. On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition.

Notes:  1.) A.M. No. 04-7-03-SC

EN BANC

A.M. No. 04-7-03-SC

Re: Section 2, Rule 45 of the 1997 Rules of Civil Procedure As Amended

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 13 2004.

Submitted for consideration of the Court is a Memorandum addressed to the Honorable Justice Reynato S. Puno, as Chairman, of the Second Division by Atty. Ludichi Yasay-Nunag, Clerk of Court of the said Division, relative to the motions for extension of time under Section 2, Rule 45 of the 1997 Rules of Civil Procedure, as amended, within which to file petition for review on certiorari which assails not only the judgment of the lower court or government agency but also the resolution of denial of the motion for reconsideration thereof. The Division Clerk of Court seeks authority to discontinue the policy of requiring a full statement of material dates in said motions for extension of time.

In reporting for the agenda of the Court, the Office of the Division Clerk of Court (DCC) states that it initially examines whether petitioners indicated in their motions the complete statement of material dates, i.e., the dates of receipt of the assailed judgment, filing of the motion for reconsideration, and receipt of the resolution of denial of the motion for reconsideration. In some instances where the motions merely stated the date of receipt of the resolution of denial and failed to state the dates of receipt of the assailed judgment and the filing of the motion for reconsideration, it notes that said omissions resulted in the denial of the motions for failure to show that petitioners have not lost the fifteen (15)-day reglementary period within which to appeal.

Section 4, Rule 45 of the 1997 Rules of Civil Procedure requires, among others, that the petition shall indicate the material dates showing when notice of judgment or final order or resolution subject thereof was received, when motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received. Such requirements, however, are not required in a motion for extension of time to file a petition for review under Section 2, Rule 45 of the Rules.

IN VIEW OF THE FOREGOING, and for a more effective delivery of justice, the Court hereby authorizes the Office of the Clerk of Court to include in its report of motions for extension of time to file petition only the date of receipt by petitioner of the denial/dismissal of the assailed decision and/or the denial of the motion for reconsideration, provided, however, that when a motion for extension of time to file petition is granted, it shall be counted from the expiration of the reglementary period and conditioned upon the timeliness of the filing of the motion.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court

Sec. 3. Docket and other lawful fees; proof of service of petition.

Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.

Sec. 4. Contents of petition.

The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received; (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition; (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition; and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42.

Notes:

1. Additional requirements.   

REVISED CIRCULAR NO. 28-91 February 8, 1994

TO: THE INTEGRATED BAR OF THE PHILIPPINES, ALL OTHER BAR ASSOCIATIONS, THE OFFICE OF THE SOLICITOR GENERAL AND THE DEPARTMENT OF JUSTICE

SUBJECT: ADDITIONAL REQUISITES FOR PETITIONS FILED WITH THE SUPREME COURT AND THE COURT OF APPEALS TO PREVENT FORUM SHOPPING OR APPEALS TO PREVENT FORUM SHOPPING OR MULTIPLE FILING OF PETITIONS AND COMPLAINTS

The attention of the Court has been called to the filing of multiple petitions and the complaints involving the same issues in the Supreme Court, the Court of Appeals other tribunals or agencies, with the result that said courts, tribunals or agencies have to resolve the same issues.

1. To avoid the foregoing, in every petition filed with the Supreme Court or the Court of Appeals, the petitioner, aside from complying with pertinent provisions of the Rules of Court and existing circulars, must certify under oath all of the following facts or undertakings: (a) he has not theretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agencies; (b) to the best of his knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency; (c) if there is such other action or proceeding pending, he must state the status of the same; and (d) if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and such other tribunal or agency of that fact within five (5) days therefrom.

2. Any violation of this revised Circular will entail the following sanctions: (a) it shall be a cause for the summary dismissal of the multiple petitions or complaints; (b) any willful and deliberate forum shopping by any party and his counsel through the filing of multiple petitions or complaints to ensure favorable action shall constitute direct contempt of court; and (c) the submission of a false certification shall constitute indirect contempt of court, without prejudice to the filing of criminal action against the guilty party and the institution of disciplinary proceedings against the counsel.

This revised Circular shall take effect on April 1, 1994.

February 8, 1994.

Sec. 5. Dismissal or denial of petition.

The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.

The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.

Sec. 6. Review discretionary.

A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of the reasons which will be considered:
(a) When the court a quo has decided a question of substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court; or

(b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision.

Sec. 7. Pleadings and documents that may be required; sanctions.

For purposes of determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule, or where the petition is given due course under section 8 hereof, the Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate, and impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor.chan robles virtual law library

Sec. 8. Due course; elevation of records.

If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice.

Sec. 9. Rule applicable to both civil and criminal cases.

The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.

Other requirements:

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, 189 SCRA, pp. xiv-xxiii. Rule 141, as amended, was published in full in the “Manila Bulletin” on September 19, 1990, are as follows:
 

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.

(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. FERNANChief Justice

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