February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 198319 : February 06, 2012]
CITY OF CEBU v. APOLONIO M. DEDAMO, JR.
G.R. No. 198319 (City of Cebu v. Apolonio M. Dedamo, Jr.) - In a Resolution dated September 28, 2011, the Court resolved to deny the petition for failure to comply with the procedural requirements of a petition for review on certiorari under Rule 45 of the Rules of Court and for failure to find any reversible error committed by the lower court. Specifically, the Court noted that the petition (1) lacks a verified statement of material date of receipt of the assailed decision of the Court of Appeals and (2) a valid affidavit of service, there being no properly accomplished jurat showing that the affiant exhibited before the notary public at least one current identification document issued by an official agency bearing the photograph and signature of the affiant as required under the 2004 Rules on Notarial Practice. Although the petitioner actually included a statement of material dates in its petition and an affidavit of service, the defective jurats affected the petition's and the affidavit�s validity, thus, the finding of failure to comply with the procedural rules.
Nonetheless, Section 6. Rule 1 of the Rules of Court states that the Rules shall be liberally construed to promote the objective of securing a just, speedy and inexpensive disposition of action. Adopting a liberal policy in the application of the Rule and finding that there was substantial compliance with the procedural requirements, the Court resolves to GRANT the petitioner's motion for reconsideration dated December 1, 2011, REINSTATE the petition for review on certiorari, REQUIRE the petitioner to submit a proper verification of the petition and an affidavit of service that satisfies the identification requirements in the 2004 Rules of Notarial Practice, and REQUIRE the respondent to comment on the petition. The Court gives both the petitioner and the respondent ten (10) days from receipt of notice of this Resolution to comply with these requirements. cralaw
SO ORDERED.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court