4/14/2021
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SEC. 3. Contents and filing of petition; effect of noncompliance with
requirements. xxxx
x x x [The petition] shall be x x x accompanied by a clearly legible duplicate
original or certified true copy of the judgment, order, resolution, or ruling
subject thereof, such material portions of the record as are referred to
therein, and other documents relevant or pertinent thereto. x x x.
xxxx
The failure of the petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of the petition.
On the other hand, Section 1, Rule 65 provides:
SEC. 1. Petition for certiorari. - x x x x
The petition shall be accompanied by a certified true copy of the judgment,
order or resolution subject thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 46. (1a)
In Air Philippines Corp. v. Zamora,[43] the Court explained that the foregoing rules
require two sets of documents to be attached to the petition: (1) a duplicate original or
certified true copy of the judgment, order or resolution subject thereof; and (2) copies
of all pleadings and documents relevant and pertinent thereto.[44]
As to the first set of documents, Administrative Circular (A.C.) No. 3-96 provides for
the definition of a duplicate original copy, as follows:
1. The "duplicate original copy" shall be understood to be that copy of the
decision, judgment, resolution or order which is intended for and furnished
to a party in the case or proceeding in the court or adjudicative body which
rendered and issued the same. x x x.
2. The duplicate original copy must be duly signed or initialed by the
authorities or the corresponding officer or representative of the issuing
entity, or shall at least bear the dry seal thereof or any other official
indication of the authenticity and completeness of such copy. x x x.[45]
A.C. No. 3-96 also provides for the definition of a certified true copy, as follows:
3. The "certified true copy" thereof shall be such other copy furnished to a
party at his instance or in his behalf, duly authenticated by the authorized
officers or representatives of the issuing entity as herein before specified.
Further, Section 3, Rule 46 of the Rules of Court provides that "[t]he certification [of
the judgment, order, resolution or ruling subject of the petition] shall be accomplished
by the proper clerk of court or by his duly authorized representative, or by the proper
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