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[G.R. No. 164889.� September 7, 2004]

PEPITO vs. COMELEC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 7 2004 .

"G.R. No. 164889 (Gregoria Dampog Pepito vs. Commission on Elections and Sixto T. Dano.)

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, as the affidavit of service was notarized prior to the actual date of posting in violation of Rule 13, Section 13.

In any event, the petition would still be dismissed for being premature as no motion for reconsideration has been filed with the Commission on Elections, 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]."

Austria-Martinez and Carpio-Morales, JJ., on official leave.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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