For a Rule 65 petition for certiorari filed in the Philippine Court of Appeals, the practical answer is: prepare seven clearly legible copies for filing with the Court of Appeals—one original copy marked for the court, plus six copies. But that is only the court’s copy requirement. You must also prepare separate copies for service on the respondents, attach proof of service, pay the required docket and lawful fees, and make sure the original copy has the proper certified or duplicate-original attachments. A petition can be dismissed not because the legal argument is weak, but because the filing package is incomplete.

Quick Answer: How Many Copies Are Required?

Under Rule 46, Section 3 of the Rules of Court, a Rule 65 petition filed as an original action in the Court of Appeals must be filed in seven clearly legible copies, together with proof of service on the respondent. The original copy intended for the court must be indicated as such. (Lawphil)

In simple terms:

Item	Number of copies	Purpose
Petition filed with the Court of Appeals	7 copies	Court file / rollo copies
Copy for each respondent	At least 1 copy per respondent	Service copy
Receiving copy for petitioner or counsel	Usually 1 extra copy	Personal proof of filing
Electronic PDF copy, if required under current CA e-filing guidelines	Usually 1 complete PDF set	Electronic submission / e-rollo processing

So if there is one respondent, a cautious filing set is usually:

7 copies for the Court of Appeals;
1 served copy for the respondent;
1 receiving copy for your own records;
electronic PDF copy if required by current CA e-filing rules.

If there are three respondents, prepare at least:

7 copies for the Court of Appeals;
3 respondent service copies;
1 receiving copy;
electronic PDF copy if applicable.

Why Rule 46 Controls the Number of Copies

A Rule 65 petition for certiorari is a special civil action used to challenge an act of a tribunal, board, officer, court, or quasi-judicial agency that allegedly acted without jurisdiction, in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction.

When that petition is filed in the Court of Appeals, it is treated as an original case in the CA. That is why Rule 46, not only Rule 65, matters.

Rule 46 applies to original actions in the Court of Appeals for:

certiorari;
prohibition;
mandamus; and
quo warranto.

Rule 65 supplies the substantive remedy and filing period, while Rule 46 supplies key Court of Appeals filing requirements, including the seven-copy rule, material dates, attachments, proof of service, docket fees, and the consequence of non-compliance. The Supreme Court explained this relationship in Republic v. Carmel Development, Inc., where it held that Rule 46 primarily governs original certiorari actions in the Court of Appeals, while Rule 65 supplements it. (Supreme Court E-Library)

The Seven Copies Are Only the CA Filing Copies

A common mistake is thinking that “seven copies” means the total number of copies you need for everything. It does not.

The seven copies are the copies to be filed with the Court of Appeals. Separate from that, the petitioner must serve the petition on the respondent and attach proof that service was made. Rule 46, Section 3 expressly requires the petition to be filed in seven clearly legible copies together with proof of service on the respondent. (Lawphil)

In practice, that means the filing package should answer three questions:

Did the Court of Appeals receive seven copies?
Did every respondent receive a copy?
Is there proof of service attached to the petition filed with the CA?

If the answer to any of these is no, the petition is vulnerable to dismissal or delay.

What Must Be Attached to the Original Copy?

The original copy of the petition should carry the most important authenticated attachments. Under Rule 46, Section 3, the petition must be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling being challenged, plus the material portions of the record and other documents relevant or pertinent to the petition. (Lawphil)

For the other six court copies, the Rules allow clearly legible plain copies of the documents attached to the original.

Certified True Copy vs. Duplicate Original

This matters because many petitions are dismissed over defective annexes.

A certified true copy is a copy certified by the proper clerk of court, tribunal, agency, or authorized officer as a true copy of the original.

A duplicate original is usually the copy furnished to the party by the court or agency that issued the assailed decision, order, or resolution. In Republic v. Carmel Development, Inc., the Supreme Court recognized that for certiorari petitions filed in the CA, Rule 46 allows a duplicate original or certified true copy of the challenged ruling, because Rule 46 specifically governs original CA actions. (Supreme Court E-Library)

Still, in real-world filing, the safer course is to secure a certified true copy of the assailed decision, resolution, or order whenever time allows.

Step-by-Step Filing Checklist for a Rule 65 Certiorari Petition in the CA

1. Confirm that Rule 65 is the correct remedy

Certiorari is not a substitute for appeal. It is available only when there is:

no appeal;
no plain, speedy, and adequate remedy in the ordinary course of law; and
a claim that the tribunal, court, board, officer, or quasi-judicial agency acted without or in excess of jurisdiction, or with grave abuse of discretion.

Rule 65, Section 1 requires a verified petition alleging facts with certainty and praying that the questioned proceedings be annulled or modified. (Lawphil)

2. Check the 60-day deadline

A Rule 65 petition must generally be filed not later than 60 days from notice of the judgment, order, or resolution. If a timely motion for reconsideration or new trial was filed, the 60 days is counted from notice of denial of that motion. (Lawphil)

Do not count from the date someone verbally told you about the result. Count from the date of proper notice or receipt, and keep the registry return card, email notice, courier proof, or stamped receiving copy.

3. State the three material dates

For Rule 65 petitions in the Court of Appeals, Rule 46 requires the petition to indicate the material dates showing:

when notice of the judgment, final order, or resolution was received;
when the motion for reconsideration or new trial, if any, was filed;
when notice of denial of that motion was received.

The Supreme Court has repeatedly treated failure to state material dates as a serious defect because the CA cannot determine from the petition itself whether it was filed on time. In Wenceslao v. Makati Development Corporation, the Court affirmed that failure to state material dates in a Rule 65 petition is sufficient ground for dismissal under Rule 46 in relation to Rule 65. (Supreme Court E-Library)

4. Prepare the seven CA copies

Your seven copies should be:

clean;
complete;
clearly legible;
properly paginated;
signed and verified;
arranged in the same order;
with annexes properly marked.

Mark the original copy clearly, usually as:

ORIGINAL COPY INTENDED FOR THE COURT

The original should contain the certified true copy or duplicate original of the assailed ruling. The other copies may contain plain copies of the same annexes, as long as they are clearly legible. (Lawphil)

5. Serve the respondents

Serve a copy on every required respondent.

In many Rule 65 cases, there is a public respondent, such as a judge, tribunal, or agency, and a private respondent who is interested in sustaining the challenged ruling. Rule 65, Section 5 requires the petitioner to join the private respondent or respondents with the public respondent in appropriate cases. (Lawphil)

Proof of service may include:

personal service acknowledgment;
registry receipt and affidavit of mailing;
accredited courier receipt;
electronic service proof, if valid and applicable;
written explanation if personal service was not used when required by the Rules.

6. Attach the verification and certification against forum shopping

A Rule 65 petition must be verified and must contain a sworn certification against forum shopping. Rule 46 also requires the petitioner to undertake to inform the CA within five days if the petitioner later learns of a similar action or proceeding involving the same issues. (Lawphil)

This certification is not a mere formality. If the petitioner is an individual, the individual usually signs it. If the petitioner is a corporation, association, or entity, the signatory should have proper authority, such as a board resolution or secretary’s certificate.

7. Pay docket and lawful fees

Rule 46 requires payment of the corresponding docket and other lawful fees and the deposit of ₱500 for costs at the time of filing. (Lawphil)

The Supreme Court’s filing-fee page lists Rule 45 / Rule 65 fee components, including the basic petition fee, cost deposit, sheriff’s trust fund, and legal research fund, with additional charges depending on provisional remedies and respondents. (Supreme Court of the Philippines)

For CA filings, the Court of Appeals also provides a Judiciary E-Payment System (JEPS) guide, which instructs filers to use the assessment calculator, fill out the assessment and payment form, and attach the electronic official receipt to the petition, motion, or manifestation filed before the CA. (The Court of Appeals of the Philippines)

Do You Still Need Paper Copies If You Email the Petition?

Yes, do not assume that electronic filing automatically replaces the hard-copy requirements unless the applicable CA issuance clearly says so for your filing.

The Court of Appeals maintains a page for electronic filing guidelines and addenda on submission of electronic copies of pleadings and court submissions before the CA. (The Court of Appeals of the Philippines) In practice, lawyers often prepare both:

the required hard copies under the Rules of Court; and
a complete PDF set for electronic submission, if required by current CA guidelines.

The safest approach is to check the current CA electronic filing advisory, the proper CA station, and the latest instructions from the CA docket or one-stop processing unit before filing. Procedural rules on electronic transmission have changed quickly in recent years, and the consequence of missing an electronic copy requirement can be serious.

Common Copy-Related Mistakes That Cause Problems

Filing only one copy

Some self-represented litigants prepare one signed petition and assume the CA will photocopy it. The CA will not prepare your required copies for you. You must file the required seven copies.

Counting the respondent’s copy as part of the seven

The respondent’s served copy is separate. The seven copies are for the Court of Appeals.

Failing to mark the original

Rule 46 requires the original copy intended for the court to be indicated as such. This helps the CA identify which copy has the authenticated annexes and original signatures.

Attaching uncertified copies of the assailed ruling to the original

The challenged decision, order, resolution, or ruling should be a certified true copy or proper duplicate original. The Supreme Court in Van Melle Phils., Inc. v. Endaya discussed Rule 46 and clarified that the assailed judgment, order, resolution, or ruling is the document that must be certified or duplicate-original; other relevant attachments do not all need to be certified true copies. (Supreme Court E-Library)

Forgetting material dates

Even if the petition has seven copies, it can still be dismissed if it does not state the material dates needed to show timeliness.

Serving the wrong party

If the case came from a quasi-judicial agency, such as the NLRC, DARAB, HLURB/DHSUD adjudicatory body, SEC, IPOPHL, or similar tribunal, identify the proper public and private respondents carefully. Do not serve only the agency if there is a private party interested in sustaining the challenged ruling.

Waiting until the last day to photocopy and bind

Rule 65 filings often involve bulky annexes: pleadings, orders, transcripts, position papers, appeal memoranda, registry receipts, and agency records. Seven full sets can take hours to print, collate, mark, bind, and check. Last-day filing is risky, especially if a certified true copy is still pending.

Practical Example

Suppose an employee loses before the NLRC and receives the NLRC resolution denying reconsideration on March 1. The employee wants to file a Rule 65 petition in the Court of Appeals.

The petition package should normally include:

Requirement	What to prepare
CA filing copies	7 clearly legible copies
Original copy	Marked as original copy intended for the court
Assailed ruling	Certified true copy or proper duplicate original of the NLRC resolution
Relevant records	Labor Arbiter decision, appeal memorandum, motion for reconsideration, proof of receipt, and other pertinent documents
Service copies	Copies for the private respondent employer and required public respondent
Proof of service	Registry receipts, courier receipts, personal service acknowledgment, or valid electronic service proof
Verification / CNFS	Sworn verification and certification against forum shopping
Fees	Docket and lawful fees, plus cost deposit
E-copy	PDF submission if required under current CA guidelines

If the petition is filed on time but only one copy is submitted, or if the assailed NLRC resolution is not properly authenticated, the CA may dismiss the petition before reaching the merits.

Frequently Asked Questions

How many copies of a Rule 65 certiorari petition are required in the Court of Appeals?

You must file seven clearly legible copies with the Court of Appeals. This is the CA filing requirement under Rule 46, Section 3. You also need separate service copies for the respondents. (Lawphil)

Is it one original plus six copies, or seven copies plus one original?

It is best understood as seven total CA filing copies, with one of them being the original copy intended for the court and clearly marked as such. The other six are court copies.

Do the seven copies include the copies for respondents?

No. The respondent service copies are separate. The petition filed with the CA must include proof that the respondents were served.

Do all annexes need to be certified true copies?

No. The key document that must be a certified true copy or duplicate original is the judgment, order, resolution, or ruling being challenged. Other relevant documents should be clear and complete, but they do not all have to be certified true copies unless a specific rule, order, or practical circumstance requires it. (Supreme Court E-Library)

What happens if I file fewer than seven copies?

Non-compliance with Rule 46 requirements is a ground for dismissal. The CA may dismiss the petition outright, especially if the defect affects the court’s ability to act on the petition or determine its timeliness. (Lawphil)

Is a Rule 65 petition in the CA filed within 15 days or 60 days?

The general period is 60 days from notice of the judgment, order, or resolution, or from notice of denial of a timely motion for reconsideration or new trial. (Lawphil)

Do I need to file a motion for reconsideration first?

Usually, yes. Certiorari is available only when there is no appeal or other plain, speedy, and adequate remedy. A motion for reconsideration is generally required to give the lower court, tribunal, or agency a chance to correct the alleged error, unless a recognized exception applies.

Can foreigners file a Rule 65 petition in the Philippines?

Yes, if they are proper parties affected by a Philippine court, tribunal, board, officer, or quasi-judicial agency action. Foreigners abroad usually need to coordinate notarization, consular acknowledgment, or apostille requirements for sworn documents signed outside the Philippines, especially verification, certification against forum shopping, affidavits, and authority documents.

Can I file a Rule 65 petition by email only?

Do not assume email-only filing is enough. The CA has electronic filing guidelines, but the hard-copy requirements under the Rules of Court must still be checked against current CA issuances and station-specific filing instructions. (The Court of Appeals of the Philippines)

Key Takeaways

A Rule 65 certiorari petition filed in the Court of Appeals requires seven clearly legible CA filing copies.
The seven copies are for the Court of Appeals; respondent service copies are separate.
Mark one copy as the original copy intended for the court.
Attach a certified true copy or proper duplicate original of the assailed judgment, order, resolution, or ruling to the original.
State the three material dates to show that the petition was filed on time.
Include proof of service, verification, certification against forum shopping, docket-fee payment, and the required cost deposit.
Check current CA electronic filing guidelines because e-copy requirements may apply in addition to hard-copy filing.