November 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199164 : November 29, 2011]
EDNA FE R. DANDO VS. COMMISSION ON ELECTIONS EN BANC AND KARL BRANDO C. MALIKSI
"G.R. No. 199164 (Edna Fe R. Dando vs. Commission on Elections En Banc and Karl Brando C. Maliksi).- In accordance with Rule 64 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing review of judgments and final orders or resolutions of the Commission on Elections, only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court Resolved to DISMISS the instant petition for certiorari for non-compliance therewith, particularly for
(a) late filing as the petition was filed and the docket fees were paid on November 18, 2011, the due date being November 14, 2011; and
(b) insufficient or defective verification and certification on non-forum shopping as the affiant thereof was not personally known to the notary public or identified by the notary public through competent evidence of identity as required by the 2004 Rules on Notarial Practice.
In any event, the petition would still be dismissed for failure to sufficiently show that any grave abuse of discretion was committed by the Commission on Elections in rendering the challenged resolution and order which, on the contrary, appear to be in accord with the facts and applicable law and jurisprudence."
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court