ChanRobles Virtual law Library

[G.R. No. 164666.� August 24, 2004]

ARAMAYAN vs. BARATAMAN

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 24 2004 .

"G.R. No. 164666 (Anwar D. Aramayan vs. Hon. Acmad T. Barataman, Acting Presiding Judge, 7^th MCTC, Ditsa-An-Ramain, Lanao del Sur and Moctar Maunte Diamla.)

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 as the affidavit of service is defective, the same being executed and notarized prior to the actual date of posting.

In any event, the petition would still be dismissed for 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])."

Puno, Panganiban, Sandoval-Gutierrez and Carpio, JJ., abroad on official business.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE