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[G.R. No. 164431. August 10, 2004]

COMELEC vs. LAYOSA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 10 2004 .

G.R. No. 164431 (Commission on Elections vs. Hon. Judge Lydia Querubin Layosa, Regional Trial Court, National Capital Judicial Region, Branch 217, Quezon City, Reynaldo B. Madolaria, in his capacity as Deputy Sheriff, and ACME Steel Manufacturing Company, Inc.)

In accordance with Rule 65 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing petitions for certiorari, prohibition and mandamus filed with the Supreme Court, 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 failure to accompany the petition with a clearly legible duplicate original or certified true copy of the Decision dated 22 July 2003 in violation of Rule 65, Section 1 and Rule 46, Section 3 in relation to Rule 56, Section 2.

In any event, the petition would still be dismissed for failure of the petition to sufficiently show that any grave abuse of discretion was committed by Judge Lydia Querubin Layosa, RTC, NCJR, Branch 217, Quezon City, in rendering the challenged decision and issuing the assailed Writ of Execution and Order of Garnishment which, on the contrary, all appear to be in accord with the facts and applicable law and jurisprudence.

Sandoval-Gutierrez, J., on leave.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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