SC CIRCULAR NO. 1-88, November 29, 1988

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 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:

PETITION FOR REVIEW ON CERTIORARI Under Rule 45

SPECIAL CIVIL ACTION Under Rule 65

If a restraining order 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 or by his duly authorized representative or by 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 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.