What shall accompany the Petition The petition must be accompanied by 1 A

What shall accompany the petition the petition must

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What shall accompany the Petition? The petition must be accompanied by: 1. A legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof 2. C ertified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto a. The requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition. 3. A sworn certification against forum shopping as provided in the third paragraph of section 3, Rule 46. 4. Proof of service of a copy thereof on the Commission concerned and on the adverse party, and of the timely payment of docket and other lawful fees. The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. Section 6. Order to comment. — If the Supreme Court finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition within ten (10) days from notice thereof; otherwise, the Court may dismiss the petition outright. The Court may also dismiss the petition if it was filed manifestly for delay or the questions raised are too unsubstantial to warrant further proceedings. Period to File a Comment After finding that the petition is sufficient, the Supreme Court shall order the respondents to file their comments within 10 days. When the court may dismiss the Petition In the case of Chua Giok Ong vs CA , the Supreme Court reiterated the rule when the Court may dismiss the petition. They are the following: 1.) When the petition is not sufficient in form and substance 2.) When it was filed in bad faith to delay the execution of judgment
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3.) When questions raised are too unsubstantial to warrant further proceedings 8 In the case of Aratuc vs COMELEC , the Supreme Court dismissed the Petition for being insufficient in merits to warrant of being given due course. The Supreme Court explained that in the face of categorical assertion of fact of the Commission, the bare charge of petitioners that the records pertaining to the 1,694 voting centers assailed by them should not create any ripple of serious doubt. As we(the Supreme Court) view this point under discussion, what is more factually accurate is that those records complained of were not examined with the aid of experts and that COMELEC passed upon the returns concerned "using common sense and perception only. 9 Section 7. Comments of respondents . — The comments of the respondents shall be filed in eighteen (18) legible copies. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner.
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