CONCHITA RODIS, SENFOROSO LAWA, JR., LUZ LAWA LUGAY, AND EDUARDO DERIGAY, PETITIONERS, VS. SPS. EDGAR AND KIM MARTINEZ, HON. SOLIVER C. PERAS, RESPONDENTS.

Decisions / Signed Resolutions July 31, 2013 SPECIAL TWENTIETH DIVISION QUIJANO-PADILLA, J.:

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QUIJANO-PADILLA, J.:

This is a petition for Certiorari under Rule 65 of the Rules of Court assailing the Order of the Regional Trial Court (RTC) Branch 10, Cebu City dated July 31, 2013.

A perusal of the Petition shows that it is laden with defects.

Section 3, Rule 46 of the Rules of Court provides, thus:

Section 3. Contents and filing of petition; effect of noncompliance with requirements. — The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for.

In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received.

It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original.

The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition.

The failure of the petitioner to comply any of the requirements shall be sufficient ground for the dismissal of the petition.

In violation of the above provision, petitioners failed to:

i.

allege in their petition the date when they filed their motion for reconsideration on the assailed Order of the Regional Trial Court dated July 31, 2013;

ii.

pay the docket and other lawful fees in full since their payment is deficient by P180.00;

iii.

show proof that copy of the petition was served on public respondent;

iv.

to attach a duplicate original or certified true copy of the assailed order since what is attached is a mere photocopy thereof;

v.

to append a Certification of Non-Forum Shopping; and

vi.

to attach copies of the relevant and pertinent pleadings and documents mentioned in the petition, which are necessary for a better understanding and resolution of the instant petition, including:

a)

Copy of private respondent’s Complaint for Unlawful Detainer before the Municipal Trial Court, Branch 6, Cebu City;

b)

Copy of the Answer to the aforesaid complaint;

c)

Copy of the Decision dated February 17, 2012 rendered by the MTCC-Branch 6, Cebu City;

d)

Memoranda of the parties filed before the RTC; and

e)

Copy of petitioners’ motion for reconsideration filed before the RTC;

Petitioners also violated Section 11, Rule 13 of the Rules of Court when they failed to explain why the preferred personal mode of filing was not availed of.

Petitioners’ disregard of the above-mentioned provisions is fatal to their petition, specifically since the last paragraph of Section 3 Rule 46 of the Rules of Court provides that the failure to comply with any of the requirements therein shall be sufficient ground for the dismissal of the petition.

ACCORDINGLY, the petition is hereby DISMISSED.

SO ORDERED.

Ingles,^* and Azcarraga-Jacob, JJ., concur.

^* Acting Chairperson per Office Order No. 14-14-GTI dated June 26, 2014.

i.	allege in their petition the date when they filed their motion for reconsideration on the assailed Order of the Regional Trial Court dated July 31, 2013;

ii.	pay the docket and other lawful fees in full since their payment is deficient by P180.00;

iii.	show proof that copy of the petition was served on public respondent;

iv.	to attach a duplicate original or certified true copy of the assailed order since what is attached is a mere photocopy thereof;

v.	to append a Certification of Non-Forum Shopping; and

vi.	to attach copies of the relevant and pertinent pleadings and documents mentioned in the petition, which are necessary for a better understanding and resolution of the instant petition, including:

	a)	Copy of private respondent’s Complaint for Unlawful Detainer before the Municipal Trial Court, Branch 6, Cebu City;

	b)	Copy of the Answer to the aforesaid complaint;

	c)	Copy of the Decision dated February 17, 2012 rendered by the MTCC-Branch 6, Cebu City;

	d)	Memoranda of the parties filed before the RTC; and

	e)	Copy of petitioners’ motion for reconsideration filed before the RTC;

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