April 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 186000 : April 12, 2010] FRANCISCO TAPIC VS. JUANA DELA CRUZ VDA. DE GANAO :
[G.R. No. 186000 : April 12, 2010]
FRANCISCO TAPIC VS. JUANA DELA CRUZ VDA. DE GANAO
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 12 April 2010:
G.R. No. 186000 - Francisco Tapic vs. Juana Dela Cruz Vda. De Ganao
First, we note the reply filed by petitioner in this case.
Petitioner categorically stated in his petition and reply that no position paper was filed before the Department of Agrarian Reform Provincial Adjudication Board.[1]
Petitioner's statement is material because the Court of Appeals in its Resolution[2] dated September 26, 2008 in CA-G.R. SP No. 105057 dismissed the petition filed by petitioner on the ground that (1) said petition was not accompanied by material portions of the record and pertinent pleadings such as the answer and position paper filed with the Office of the Provincial Adjudicator, memorandum of appeal before the Department of Agrarian Reform Adjudication Board (DARAB) and the motion for reconsideration dated September 26, 2006; and (2) the verification and certification of non-forum shopping was defective. In its Resolution[3] dated January 8, 2009 in the same case, the Court of Appeals, pursuant to Section 7, Rule 43 of the Rules of Court, denied petitioner's motion for reconsideration on the ground that petitioner still failed to submit the position paper filed with the Office of the Provincial Adjudicator.
In the instant petition, petitioner assails the said Resolutions of the Court of Appeals.
In her comment, respondent said that the only subject of the instant petition is the supposed failure of the Court of Appeals to consider that no position paper was filed before the DARAB. But no proof, such as a certification, shows that no position paper was actually filed.[4]
Indeed, such proof could help this Court assess the merits of the instant petition.
Accordingly, petitioner is required to submit to this Court, within 15 days from notice of this Resolution, a DARAB certification that no position paper was filed in this case.
WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Antonio T. Carpio, Additional Member [per S.O. No. 834]; Honorable Justice Teresita Leonardo de Castro, Acting Working Chairperson [per S.O. No. 833], Honorable Justices Lucas P. Bersamin and Martin S. Villarama, Jr., Members, First Division, this 12th day of April 2010.
G.R. No. 186000 - Francisco Tapic vs. Juana Dela Cruz Vda. De Ganao
First, we note the reply filed by petitioner in this case.
Petitioner categorically stated in his petition and reply that no position paper was filed before the Department of Agrarian Reform Provincial Adjudication Board.[1]
Petitioner's statement is material because the Court of Appeals in its Resolution[2] dated September 26, 2008 in CA-G.R. SP No. 105057 dismissed the petition filed by petitioner on the ground that (1) said petition was not accompanied by material portions of the record and pertinent pleadings such as the answer and position paper filed with the Office of the Provincial Adjudicator, memorandum of appeal before the Department of Agrarian Reform Adjudication Board (DARAB) and the motion for reconsideration dated September 26, 2006; and (2) the verification and certification of non-forum shopping was defective. In its Resolution[3] dated January 8, 2009 in the same case, the Court of Appeals, pursuant to Section 7, Rule 43 of the Rules of Court, denied petitioner's motion for reconsideration on the ground that petitioner still failed to submit the position paper filed with the Office of the Provincial Adjudicator.
In the instant petition, petitioner assails the said Resolutions of the Court of Appeals.
In her comment, respondent said that the only subject of the instant petition is the supposed failure of the Court of Appeals to consider that no position paper was filed before the DARAB. But no proof, such as a certification, shows that no position paper was actually filed.[4]
Indeed, such proof could help this Court assess the merits of the instant petition.
Accordingly, petitioner is required to submit to this Court, within 15 days from notice of this Resolution, a DARAB certification that no position paper was filed in this case.
WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Antonio T. Carpio, Additional Member [per S.O. No. 834]; Honorable Justice Teresita Leonardo de Castro, Acting Working Chairperson [per S.O. No. 833], Honorable Justices Lucas P. Bersamin and Martin S. Villarama, Jr., Members, First Division, this 12th day of April 2010.
Very truly yours,
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
First Division
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
First Division
Endnotes:
[1] Rollo, pp. 21-23, 147.
[2] Id. at 31-32.
[3] Id. at 34-35.
[4] Id. at 140-141.
