Requirement for Filing of Initiatory Cases

by Rus Narito

Motion for Extension of Time to File Petition

Number of pleadings required

    1. Number of pleadings required
        • Original pleading and 14 copies For: En Banc cases under the 1987 Philippine Constitution
          COMELEC and COA cases
          Writ of Amparo
          Writ of Kalikasan
          HRET/SET cases Issues affecting National Interest
          Constitutionality cases
        • Original pleading and 4 copies
          For: Division cases – decisions of lower courts/tribunal
    2. Attachments:
      • For personally filed pleadings - Proof of Service to the lower court/tribunal and adverse party/parties.For pleadings filed thru registered mail – Proof of Service to the lower court/tribunal and adverse party/parties and Affidavit of Service.
      • Annexes, if any, and must be labeled as “A”, “B”, “C”, etc.Soft copy of the pleading and annexes in PDF (in CD, USB) and a printed Verified Declaration that the PDF files contained in the CD/USB are complete and true copies of the pleading and annexes, if any, filed with the Supreme Court. There should be one (1) CD/USB per case containing one (1) PDF file of the original pleading filed with the Court and separate PDF files for the annexes, if any, i.e. one (1) PDF file per annex and not per page.  The filename of the PDF files must be the same as the title of the original pleading.If the CD/USB and the Verified Declaration are not attached with the original pleading at the time of filing with the Court, the soft copy of the pleading and annexes, if any, may be sent thru email at efile_jro.sc@judiciary.gov.ph within twenty- four (24) hours from date of filing of the original pleading with the Supreme Court.The email should have a cover letter enumerating the attachment/s sent. Thus:
        1. One (1) PDF file per pleading filed with the Supreme Court.
        2. One (1) PDF file per annex, if any.  If several annexes, create one (1) PDF file per annex and label each accordingly.
        3. One (1) PDF file for the Verified Declaration that the PDF file/s attached to the email are complete and are true copies of the original pleading and annexes filed with the Supreme Court.
        4. The filename of the attached PDF file must be the same as the title of the original pleading filed with the Supreme Court.
        ***Large files may be sent in several batches (10MB per email and 2MB per attachment).
    3. Payment of legal fees at the SC Cashier, SC Main Building.

Petition

Number of pleadings required

    1. Number of pleadings required
      • Original pleading and 14 copies For: En Banc cases under the 1987 Philippine ConstitutionCOMELEC and COA cases
        Writ of Amparo
        Writ of Kalikasan
        HRET/SET cases
        Issues affecting National Interest
        Constitutionality cases
      • Original pleading and 4 copies For: Division cases – decisions of lower courts/tribunal
    2. Attachments:
      • Verification and Certification on Non-Forum Shopping. If the signatory is not the petitioner, proof of authority (ex. Secretary’s Certificate, Special Power of Attorney) to sign for petitioner/s must be attached.
      • For personally filed pleadings - Proof of Service to the lower court/tribunal and adverse party/parties. For pleadings filed thru registered mail – Proof of Service to the lower court/tribunal and adverse party/parties and Affidavit of Service.
      • Certified true copy/copies of the assailed decision, resolution or order of the lower court/tribunal.
      • Annexes, if any, and must be labeled as “A”, “B”, “C”, etc.
      • Soft copy of the pleading and annexes in PDF (in CD, USB) and a printed Verified Declaration that the PDF files contained in the CD/USB are complete and true copies of the pleading and annexes, if any, filed with the Supreme Court. There should be one (1) CD/USB per case containing one (1) PDF file of the original pleading filed with the Court and separate PDF files for the annexes, if any, i.e. one (1) PDF file per annex and not per page.  The filename of the PDF files must be the same as the title of the pleading.If the CD/USB and the Verified Declaration are not attached with the original pleading at the time of filing with the Court, the soft copy of the pleading and annexes, if any, may be sent thru email at efile_jro.sc@judiciary.gov.ph within twenty- four (24)  hours from date of filing of the original pleading with the Supreme Court.The email should have a cover letter enumerating the attachment/s sent. Thus:
        1. One (1) PDF file per pleading filed with the Supreme Court.
        2. One (1) PDF file per annex, if any.  If several annexes, create one (1) PDF file per annex and label each accordingly.
        3. One (1) PDF file for the Verified Declaration that the PDF file/s attached to the email are complete and are true copies of the original pleading and annexes filed with the Supreme Court.
        4. The filename of the attached PDF file must be the same as the title of the original pleading filed with the Supreme Court.
        ***Large files may be sent in several batches (10MB per email and 2MB per attachment).
    3. Payment of  legal fees at the SC Cashier, SC Main Building

Criminal Cases Elevated to the Supreme Court by Notice of Appeal

  1. Original records of the case forwarded by the Court of Appeals or Sandiganbayan
  2. Notice of Appeal filed by the accused-appellant/s with the Court of Appeals or Sandiganbayan
  3. Court Resolution giving due course to the notice of appeal