June 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 181673 : June 16, 2008] NATIVIDAD TOBIAS, ET AL. VS. SHIELA TOBIAS, ET AL. :
[G.R. No. 181673 : June 16, 2008]
NATIVIDAD TOBIAS, ET AL. VS. SHIELA TOBIAS, ET AL.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 16 June 2008:
G.R. No. 181673 (Natividad Tobias, et al. vs. Shiela Tobias, et al.) � Petitioners� Compliance dated 14 April 2008 with the Resolution dated 17 March 2008 submitting an affidavit of service of the motion for extension with properly accomplished jurat and statement of material dates is NOTED.
Acting on the petition for review on certiorari assailing the Decision dated 24 August 2007 and Resolution dated 31 January 2008 of the Court of Appeals in CA-G.R. CV No. 86479, the Court resolves to DENY the petition for failure to sufficiently show that the appellate court committed any reversible error in the challenged decision and resolution as to warrant the exercise by this Court of its discretionary appellate jurisdiction.
Moreover, the petition failed to conform or comply strictly with the requirements specified under Rule 45 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing appeals by certiorari to the Supreme Court for failure of petitioners to submit:
G.R. No. 181673 (Natividad Tobias, et al. vs. Shiela Tobias, et al.) � Petitioners� Compliance dated 14 April 2008 with the Resolution dated 17 March 2008 submitting an affidavit of service of the motion for extension with properly accomplished jurat and statement of material dates is NOTED.
Acting on the petition for review on certiorari assailing the Decision dated 24 August 2007 and Resolution dated 31 January 2008 of the Court of Appeals in CA-G.R. CV No. 86479, the Court resolves to DENY the petition for failure to sufficiently show that the appellate court committed any reversible error in the challenged decision and resolution as to warrant the exercise by this Court of its discretionary appellate jurisdiction.
Moreover, the petition failed to conform or comply strictly with the requirements specified under Rule 45 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing appeals by certiorari to the Supreme Court for failure of petitioners to submit:
(1) a written explanation required under Section 11, Rule 13; and (2) an affidavit of service and a verification and certification against forum shopping with properly accomplished jurat showing that affiants presented before the notary public at least one (1) current identification document issued by an official agency bearing the photograph and signature of the 2004 Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC. The verification and certification against forum shopping also lacked proof of authority of petitioner Jose R. Tobias, Jr. to sign for the other petitioners in violation of Section 4 and 5, Rule 7.
Very truly yours,
LUCITA ABJELINA-SORIANO
Clerk of Court
By:
(Sgd.) WILFREDO V. LAPITAN
Asst. Clerk of Court
LUCITA ABJELINA-SORIANO
Clerk of Court
By:
(Sgd.) WILFREDO V. LAPITAN
Asst. Clerk of Court