SECTION 4 Docket and Other Lawful Fees

SECTION 4. DOCKET AND OTHER LAWFUL FEES. Upon the filing of the petition, the
petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of
P500.00 for costs.

Upon the filing of the petition, the petitioner shall:

1) pay docket and other lawful fees, and

2) Deposit the amount of P500 for costs

to the Clerk of Court

Failure to file docket fees means the petition is not validly filed. The failure of the petitioner to comply
with the foregoing requirements regarding payment of the docket and other lawful fees and the 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.

SECTION 5 Form and Contents of Petition

SECTION 5. FORM AND CONTENTS OF PETITION. The petition shall be verified and filed in
eighteen (18) legible copies. The petition shall name the aggrieved party as petitioner and shall join as
respondents the Commission concerned and the person or persons interested in sustaining the judgment,
final order or resolution a quo. The petition shall state the facts with certainty, present clearly the issues
involved, set forth the grounds and brief arguments relied upon for review, and pray for judgment
annulling or modifying the questioned judgment, final order or resolution. Findings of fact of the
Commission supported by substantial evidence shall be final and non-reviewable.

The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the
judgment, final order or resolution subject thereof, together with certified true copies of such material
portions of the record as are referred to therein and other documents relevant and pertinent thereto. The
requisite number of copies of the petition shall contain plain copies of all documents attached to the
original copy of said petition.

The petition shall state the specific material dates showing that it was filed within the period fixed herein,
and shall contain a sworn certification against forum shopping as provided in the third paragraph of
section 3, Rule 46.

The petition shall further be accompanied by proof of service of a copy thereof on the Commission
concerned and on the adverse party, and of the timely payment of docket and other lawful fees. The
failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the
dismissal of the petition.
5.1 Contents of the Petition

The Petition must be:

1.) Verified;

2.) Filed in 18 legible copies*;

* Before, it used to be 18 legible copies, but now it has been reduced by virtue of the
Efficient Use of Paper Rule. Efficient Use of Paper Rule --- In the Supreme Court, one
original (properly marked) and four copies, unless the case is referred to the Court En
Banc, in which event, the parties shall file ten additional copies.

3.) Must name the

a.) aggrieved party as petitioner

b.) respondents

The Commission concerned (Either COMELEC or COA) and the person or persons
interested in sustaining the judgment, final order or resolution quo

4.) Must state the facts with certainty;

5.) Must present clearly the issued involved;

6.) Must set forth the grounds and brief arguments relied upon for review;

7.) Must pray for judgment annulling or modifying the questioned judgment, final order or
resolution; and

8.) Must state the specific material dates showing that it was filed within the period fixed herein.

a. To determine whether your petition has been filed on time. So if you received the resolution of
COMELEC en banc on June 15, then you have until July 15 to file in SC kasi 30days yan. You
have to alleged that youve received it on June 15. Ex. I file an MR on June 16 then I received
the resolution denying my MR on July10. Today is July 15, the petition has been timely filed So
yun ang ilalagay mo.

b. The facts, the grounds, the issue, and brief arguments relied upon for review and your prayer
for judgment. Remember the material dates should be when you received the order, when you
filed your MR, when you received your resolution for your MR, etc.

5.2 What are not Reviewable

Findings of fact of the Commission supported by substantial evidence shall be final and non-
reviewable.
 5.3 What shall accompany the Petition (Accompanying documents)

The petition must be accompanied by:

1. A legible duplicate original or certified true copy of the judgment, final order or resolution
subject thereof;

2. Certified true copies of such material portions of the record as are referred to therein and other
documents relevant and pertinent thereto:

a. The requisite number of copies of the petition shall contain plain copies of all
documents attached to the original copy of said petition;

3. A sworn certification against forum shopping as provided in the third paragraph of section 3,
Rule 46; and

4. Proof of service of a copy thereof on the Commission concerned and on the adverse party, and
of the timely payment of docket and other lawful fees.

The failure of petitioner to comply with any of the foregoing requirements shall be sufficient
ground for the dismissal of the petition.

5.4 Effect of failure to comply with requisites

In the case of Soriano vs. COMELEC the Court DISMISSED the Petition for Certiorari dated 05
June 2012 filed by Perliza Ruizol Soriano for failure to comply with the requirements under Rule
65 of the Rules of Court, in relation to Rule 64. To be precise, petitioner Soriano failed to submit
proof that a copy of the said Petition had been served on public respondent Commission on
Elections (COMELEC). (Rule 64, Section 5) In addition, only a photocopy of the questioned 30
April 2012 COMELEC Resolution was attached to the Petition, and not a duplicate original or
certified true copy thereof as required under the Rules.

You have to attach legible duplicate original or certified true copy of the judgment. So its important that
it must be a certified true copy of the judgment, final order or resolution. Failure to do that is fatal, unless
the SC will give you a chance to submit a certified true copy. So you have to take note that you have to
submit certified true copies of the material portions of the record referred to in the petition. But there are
SC cases that would tend to liberalize this requirement.

Certified True copy of material portions of the record referred in the petition. This is similar to Rule 43
but under said rule there are several SC decisions that this is not strictly followed. Mere photocopy will
suffice. So far, I have not encountered a decision pertaining to this. Under Rule 43, it can be dispensed
because it has to be consistent with the submission of copies regarding pertinent records. There are other
documents that needed to be attached such as certification of non-forum shopping.
When the petition is filed what will be the court action? What will the SC do? There are 2 options: 1. It
can motu proprio dismiss the petition when it failed to comply with the formal requirements, when the
petition is manifestly intended for delay, and when the questions raised are unsubstantial to warrant
further proceedings. 2. Or instead of dismissing the case outright, it will require the respondent to
comment. CA is very strict, if there are formal defects in the petition, they dismiss it. Mere absence of
MCLE compliance certificate would warrant dismissal of the petition; so you have to attach it. They also
have a checklist and the non-compliance will result to dismissal or they can give you a chance to comply.

G.R. no. 201926, July 03, 2012