This case has been cited 2 times or more.
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2008-10-17 |
TINGA, J. |
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| In the instant case, attached to the petition for review was the certified true copy of the assailed RTC decision. This Court held that Section 6 of Rule 43 does not require that all of the supporting papers or annexes accompanying the petition should be certified true copies or duplicate originals. What is mandatory is the attachment of clearly legible duplicate originals or certified true copies of the judgment or final orders of the lower courts.[35] Nevertheless, even if the pleadings and other supporting documents were not attached to the petition, the dismissal would be unwarranted because the entire records of the case will eventually be elevated to the appellate court, pursuant to Rule 43, Section 11 of the Rules of Court.[36] | |||||
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2004-03-04 |
YNARES-SATIAGO, J. |
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| Rule 43, Section 6 of the Rules of Court provides: The petition for review shall (a) state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents; (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review; (c) be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers; and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. The petition shall state the specific material dates showing that it was filed within the period fixed herein. (2a) In Kalayaan Arts and Crafts, Inc. v. Anglo,[5] it was held that Section 6 of Rule 43 of the Rules of Court does not require that all of the supporting papers or annexes accompanying the petition should be certified true copies or duplicate originals. What is mandatory is that clearly legible duplicate originals or certified true copies of the judgment or final orders of the lower courts be attached to the petition. | |||||