What must a petition I file originally with the Court of Appeals contain, and what does filing it cost?

Core content of the petition

Section 3 lays out what an original petition must say. It shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for — the narrative and legal basis for whatever relief is being sought.

Filing mechanics and the forum shopping certification

Beyond content, the petition must be filed in seven clearly legible copies with proof of service, accompanied by a certified true copy of the judgment, order, or ruling being challenged and the relevant portions of the record, along with a sworn certification that the petitioner has not filed any other action involving the same issues elsewhere, and material dates for Rule 65 actions showing the petition was filed on time.

Fees payable at filing

As with the other appellate rules, cost is not deferred. The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition. A petitioner should have these amounts ready at the moment of filing itself, rather than expect to settle them sometime afterward.

The stakes of getting it wrong

Section 3 closes with the same blunt consequence found throughout these appellate rules: the failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. A single missing element — an address, a certified copy, the fees — can be enough to end the case before it starts, without the court ever reaching whatever merit the petition might otherwise have had.

Related provisions

• Rule 46, Section 3 — Contents and filing of petition; effect of non
• Rule 46, Section 1 — Title of cases
• Rule 46, Section 5 — Action by the court