April 2009 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2009 > April 2009 Resolutions >
[G.R. No. 186556 : April 14, 2009] DR. EPITACIO MENDOZA. PRINCIPAL, LILO-AN CENTRAL ELEMENTARY SCHOOL, LILO-AN, CEBU VS. MA. THERESA G. SINGURAN, OFFICE OF THE OMBUDSMAN [VISAYAS] AND DEPARTMENT OF EDUCATION :
[G.R. No. 186556 : April 14, 2009]
DR. EPITACIO MENDOZA. PRINCIPAL, LILO-AN CENTRAL ELEMENTARY SCHOOL, LILO-AN, CEBU VS. MA. THERESA G. SINGURAN, OFFICE OF THE OMBUDSMAN [VISAYAS] AND DEPARTMENT OF EDUCATION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated April 14, 2009
"G.R. No. 186556 (Dr. Epitacio Mendoza. Principal, Lilo-an Central Elementary School, Lilo-an, Cebu vs. Ma. Theresa G. Singuran, Office of the Ombudsman [Visayas] and Department of Education).- The Court En Banc Resolved to ACCEPT this case which was referred to it en consulta by the First Division in the latter's resolution dated March 30, 2009.
Acting on the Petition for Review on Certiorari with Prayer for Issuance of Temporary Restraining Order, the Court Resolved to DENY the petition for failure thereof to sufficiently show that the Court of Appeals committed any reversible error in issuing the challenged decision and resolution as to warrant the exercise by this Court of its discretionary appellate jurisdiction. Accordingly, the prayer for temporary restraining order and/or writ of preliminary injunction is DENIED.
The Court further Resolved to
"G.R. No. 186556 (Dr. Epitacio Mendoza. Principal, Lilo-an Central Elementary School, Lilo-an, Cebu vs. Ma. Theresa G. Singuran, Office of the Ombudsman [Visayas] and Department of Education).- The Court En Banc Resolved to ACCEPT this case which was referred to it en consulta by the First Division in the latter's resolution dated March 30, 2009.
Acting on the Petition for Review on Certiorari with Prayer for Issuance of Temporary Restraining Order, the Court Resolved to DENY the petition for failure thereof to sufficiently show that the Court of Appeals committed any reversible error in issuing the challenged decision and resolution as to warrant the exercise by this Court of its discretionary appellate jurisdiction. Accordingly, the prayer for temporary restraining order and/or writ of preliminary injunction is DENIED.
The Court further Resolved to
(a) REQUIRE the petitioner to COMPLY, within five (5) days from notice hereof, with the pertinent provisions of the 2004 Rules on Notarial Practice, particularly the requirement that the affiant in the verification and certification on non-forum shopping be personally known to the notary public or identified by the notary public through competent evidence of identity as defined in the said Rules;
(b) DIRECT the Cash Collection and Disbursement Division, FMBO, this Court, to RETURN the excess payment of P270.00 under O.R. No. 2074959;
(c) DIRECT the petitioner to COORDINATE with the aforesaid Cash Division on the matter of the return of the excess payment; and
(d) DIRECT the Judicial Records Office to CHANGE the private respondent's name in the case records from 'Ma. Theresa G. Singuran to 'Ma. Teresa G. Singuran.'"
Very truly yours,
(Sgd.) MA. LUISA D. V1LLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. V1LLARAMA
Clerk of Court