Short answer. Filed in seven legible copies, it must state the parties' full names without impleading the lower courts, the material dates showing timeliness, a concise statement of the issues and errors alleged, and be accompanied by certified copies of both lower courts' judgments plus a non-forum-shopping certification.
What the law says
The petition shall be filed in seven legible copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the specific material dates showing that it was filed on time; (c) set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied upon for the allowance of the appeal; (d) be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five days therefrom.
Rule 42, Section 2 — Form and contents. Read the full provision →
Copies and identification of parties
The petition must be filed in seven legible copies, with the copy meant for the court specifically indicated as the original by the petitioner, and it must state the full names of the parties to the case, without impleading either of the lower courts or their judges as petitioners or respondents in the petition. Excluding the lower courts and judges as parties reflects the general principle that courts are not proper respondents to appeals from their own decisions. The seven-copy requirement exists because the petition circulates among the members of the appellate division deciding the case, in addition to the copy retained by the court itself and the copy served on the opposing party.
Timeliness and the substance of the petition
It must also indicate the specific material dates that show it was filed on time, and set forth concisely the matters involved, the issues being raised, the specification of errors of fact or law that the Regional Trial Court allegedly committed, and the reasons or arguments the petitioner relies on for the appeal to be allowed. Together, these requirements make sure the Court of Appeals can see, from the petition alone, both that it was filed on time and what exactly is being contested. Omitting the material dates is a common, avoidable defect that can get a petition dismissed on a purely technical ground before the merits are ever reached, so those dates deserve as much care as the substantive arguments themselves.
Required attachments, including the non-forum-shopping certification
The petition must be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts, certified correct by the clerk of court of the Regional Trial Court, along with copies of the pleadings and other material record portions supporting its allegations, and a certification under oath that no other action involving the same issues has been filed elsewhere, or a disclosure of its status if one exists.
Related provisions
- Rule 42, Section 2 — Form and contents
- Rule 42, Section 1 — How appeal taken; time for filing
- Rule 42, Section 3 — Effect of failure to comply with requirements