G.R. No. 159358 5 of 10 http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/159358.htm Preliminary Procedural Consideration: The Petition is Fatally Incomplete From the beginning, Eureka wholly relied on the certification allegedly issued by the Postmaster of the Malate Post Office. We observe that despite the imputed importance of the Postmasters certification to Eurekas claim, Eureka did not even bother to attach it to the pleadings filed before this Court, thereby preventing us from examining this document. We note, too, that although Eureka cited the contents of the Postmasters certification in its Memorandum, it failed to name the Postmaster of the Malate Post Office who issued the certification. All these omissions render Eurekas petition dismissible, pursuant to Sections 4 and 5, Rule 45 of the Rules of Court. These sections provide: 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. 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. [Emphasis supplied.] The rule is that the reviewing court should be able to determine the merits of the petition solely on the basis of the submissions by the parties without the use of the records of the court a quo. Otherwise, delay can result as the elevation of the records of lower 1/28/2016 12:50 PM