September 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 197954 : September 13, 2011]
FAYDAH M. DUMARPA VS. COMMISSION ON ELECTIONS AND KASOSYO PRODUCER-CONSUMER EXCHANGE ASSOCIATION, INC. PARTY-LIST GROUP [AA KASOSYO PARTY-LIST], WITH NASSER C. PANGANDAMAN AS ITS FIRST NOMINEE
"G.R. No. 197954 (Faydah M. Dumarpa vs. Commission on Elections and Kasosyo Producer-Consumer Exchange Association, Inc. Party-List Group [AA Kasosyo Party-List], with Nasser C. Pangandaman as its first nominee).- 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) failure to state material dates showing when notice of judgment subject of the petition was received, when a motion for reconsideration, if any, was filed, and when notice of the denial thereof was received, to show that the petition was filed on time pursuant to Section 5, Rule 64 in relation to Section 3 (2nd par.), Rule 46;
(b) failure to accompany the petition with a clearly legible duplicate original or certified true copy of the assailed resolution in violation of Section 5, Rule 64;
(c) being premature as no motion for reconsideration has been filed with the respondent tribunal and there are no sufficient allegations to bring the case within the recognized exceptions (Villarama vs. NLRC, 236 SCRA 280 [1994]; Lasco vs. United Nations Revolving Fund for National Resources Exploration, 241 SCRA 681 [1995]; Philippine National Construction Corp. vs. NLRC, 245 SCRA 668 [1995]); and
(d) lack of jurisdiction over the subject matter.
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 which, on the contrary, appears to be in accord with the facts and applicable law and jurisprudence."
Del Castillo and Reyes, JJ., on leave.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court