Short answer. The petition, filed in eighteen copies, must name the parties as petitioner and respondent without impleading the lower court, state the material dates showing timeliness, concisely set out the matters involved and the reasons for allowance, attach a certified copy of the judgment appealed from, and include a certification against forum shopping.
What the law says
The petition shall be filed in eighteen copies, with the original copy intended for the court being indicated as such by the petitioner
Rule 45, Section 4 — Contents of petition. Read the full provision →
What the law says
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
Rule 45, Section 4 — Contents of petition. Read the full provision →
What the law says
contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42.
Rule 45, Section 4 — Contents of petition. Read the full provision →
Eighteen copies, one marked as original
Petitions to the Supreme Court require a larger volume of copies than appeals to the Court of Appeals. Section 4 provides that the petition shall be filed in eighteen copies, with the original copy intended for the court being indicated as such by the petitioner — reflecting how a case moves through the full Court rather than a single division.
Material dates that prove timeliness
The petition itself must show, on its face, that it was filed on time. It must 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. Without these dates, the Court has no way to verify from the petition alone that the fifteen-day period was actually met.
Forum shopping certification and supporting documents
Beyond the parties' names, the matters involved, and the certified copy of the judgment being appealed, the petition must also contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42 — carrying that same anti-forum-shopping safeguard used in Court of Appeals petitions into Supreme Court practice, and requiring the same sworn disclosure of any related case pending elsewhere.
Why the checklist matters here too
Given how many discrete elements this section requires — copy count, material dates, certified documents, and the certification — treating Section 4 as a filing checklist rather than a loose guide is the safest way to avoid the dismissal grounds the next section of the same Rule spells out. Missing even one item, such as the certified copy of the judgment or the material dates, exposes an otherwise strong petition to being turned away before the Supreme Court ever weighs its merits.
Related provisions
- Rule 45, Section 4 — Contents of petition
- Rule 45, Section 3 — Docket and other lawful fees; proof of service of petition
- Rule 45, Section 5 — Dismissal or denial of petition