Expeditious Disposition of Cases Pending in the Supreme Court

November 8, 1988

SUPREME COURT CIRCULAR NO. 1-88

 

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: cd i

1. Payment of docketing and other fees. — Section 1 of Rule 45 requires that petitions for review be filed within the prescribed period paying at the same time the prescribed fees. Unless exempted by law or rule, such fees must be fully paid at the time of the filing of the petition; otherwise, the court may deny the petition outright. The same rule shall govern petitions under Rule 65.

The filing fees under rule 141 are as follows:

ETITION 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	48.00
Docket Fee (Judiciary Fund)	352.00
Legal Research Fund Fee	20.00
Deposit for Sheriffs Fee	200.00
Clerk's Commission	4.00
	——
TOTAL	P624.00

If a restraining is prayed for in connection with a petition for review on certiorari under Rule 45, the sheriff's fees prescribed for special civil actions under Rule 65 in the aggregate amount of P200.00 shall also be paid.

If the petition involves more than one case, the docket and legal research fund fees will be multiplied by the number of cases. Payment should be made in cash, postal money order bank manager's or cashier's check.

2. Service of copies of the petition. — The Court shall not act on the petition under Rule 45 without proof of service of a copy thereof on the lower court concerned and on the adverse party. Henceforth, the petition may be denied outright if there is no such proof of service in accordance with Sections 3,5 and 10 of Rule 13 attached to the petition when filed. (See attached form of Affidavit of Service, Annex "A");

3. The copies of the 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 of by his duly authorized representative or be the proper officer of the 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.

Non-compliance with these requirements shall be a ground for dismissal.

4. Verified statement of material dates. — A petition under Rule 45 or 65 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 reconsideration of the order of dismissal unless it be shown that such non-compliance was due to compelling reasons.

6. Effectivity Date. — This Circular shall take effect on January 1, 1989.

November 8, 1988

(SGD.) MARCELO B. FERNANChief Justice

 ANNEX A

REPUBLIC OF THE PHILIPPINES)

AFFIDAVIT OF SERVICE

I, ____________________, as _____________________ (relation to party or counsel) of, _________________ with office address at ______________________, after being duly sworn, depose and say: ITCHSa

Nature of Pleading/Paper

In Case No. ___________________ entitled _______________________________, by depositing a copy in the post office, in a sealed envelope, plainly addressed to the party or 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 ____________, 198__ at _________________________ Philippines, affiant exhibiting to me his/her Residence Certificate No. ___________, issued at ______________ on __________.

                              Officer Administering the Oath

(Note: This Circular was published in the Bulletin Today on November 29, 1988)