EN BANC

A.M. No. 04-7-03-SC

Re: Section 2, Rule 45 of the 1997 Rules of Civil Procedure As

Amended
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUL
13 2004.
Submitted for consideration of the Court is a Memorandum addressed to the
Honorable Justice Reynato S. Puno, as Chairman, of the Second Division by Atty.
Ludichi Yasay-Nunag, Clerk of Court of the said Division, relative to the motions
for extension of time under Section 2, Rule 45 of the 1997 Rules of Civil
Procedure, as amended, within which to file petition for review on certiorari which
assails not only the judgment of the lower court or government agency but also
the resolution of denial of the motion for reconsideration thereof. The Division
Clerk of Court seeks authority to discontinue the policy of requiring a full
statement of material dates in said motions for extension of time.
In reporting for the agenda of the Court, the Office of the Division Clerk of
Court (DCC) states that it initially examines whether petitioners indicated in their
motions the complete statement of material dates, i.e., the dates of receipt of the
assailed judgment, filing of the motion for reconsideration, and receipt of the
resolution of denial of the motion for reconsideration. In some instances where
the motions merely stated the date of receipt of the resolution of denial and failed
to state the dates of receipt of the assailed judgment and the filing of the motion
for reconsideration, it notes that said omissions resulted in the denial of the
motions for failure to show that petitioners have not lost the fifteen (15)-day
reglementary period within which to appeal.
Section 4, Rule 45 of the 1997 Rules of Civil Procedure requires, among
others, that the petition shall indicate the material dates showing when notice of
judgment or final order or resolution subject thereof was received, when motion
for new trial or reconsideration, if any, was filed and when notice of the denial
thereof was received. Such requirements, however, are not required in a motion for
extension of time to file a petition for review under Section 2, Rule 45 of the Rules.
IN VIEW OF THE FOREGOING, and for a more effective delivery of justice, the
Court hereby authorizes the Office of the Clerk of Court to include in its report of
motions for extension of time to file petition only the date of receipt by petitioner of
the denial/dismissal of the assailed decision and/or the denial of the motion for
reconsideration, provided, however, that when a motion for extension of time to
file petition is granted, it shall be counted from the expiration of the
reglementary period and conditioned upon the timeliness of the filing of the
motion.
Very truly yours,
(Sgd.) LUZVIMINDA D.
PUNO
Clerk of Court