ChanRobles Virtual law Library
[G.R. No. 140508.December 7, 1999]
EDGAR M. AVILA, et al. vs. RONALDO B. ZAMORA, et al.
EN BANC
Gentlemen :
Quoted hereunder, for your information, is a resolution of this Court dated DEC 7. 1999 .
G.R. No. 140508(Edgar M. Avila, Liberato V. Tadeo, Ma. Nenita A. Opiana, Ruth P. Bernabe, Justinian O. Licnachan, Gardy S. Taqued, Bienvenido M. Maceda, Jr., George Florendo, Johnico Alim and Reynaldo Paredes vs. Executive Secretary Ronaldo B. Zamora, Carina Agarao, Violeta Villa-Roman Bautista, Grace Hamon, all the members of "The Conscience Committee to Review Cases on Death Convicts Scheduled for Execution and the National Treasurer.)
The Court Resolves to DISMISS the petition for prohibition, the affidavit of service of the petition on the respondents being defective and ineffectual since the same was subscribed and sworn to on October 21, 1999 while the actual service thereof was made only on November 11, 1999 in violation of Section 13, Rule 13.
Since the affidavit of service was subscribed and sworn to on October 21, 1999, how could petitioner have sworn to the fact that the copy of the Petition was already furnished to Respondents when the same was only deposited in the Post Office of Baguio City on November 11, 1999, or 21 days after petitioner's affidavit.
The foregoing makes the affidavit of service not only irregular but downright false and should not be ignored for it will destroy the value of sworn statements.
Very truly yours,
LUZVIMINDA D. PUNO
>Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Assistant Clerk of Court
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH
