ANTONINA G. MUNGCAL, PETITIONER, V. REGIONAL TRIAL COURT, BRANCH 46 CITY OF SAN FERNANDO, PAMPANGA, IRENEO A.K.A. BEBOT DEANG, ABNER DEANG, JOMAR DEANG, AND ALL PERSONS CLAIMING…
LOPEZ, J.:
1. Proofs of service of the copies of the Petition to the adverse party, e.g. registry return receipts, are not attached.
2. There is no written explanation why the service of the petition was not done personally.
3. The Notary Public, before whom both the Affidavit of Service and
Verification and Certification against Forum Shopping were subscribed
and sworn to, failed to indicate his notarial commission number, the
province or city where he was commissioned and his office address
pursuant to Section 2[b] and [c] of Rule VIII of the 2004 Rules on
Notarial Practice.[1]4. Only a photocopy of the Decision of the 1st Municipal Circuit Trial Court of Sta. Ana-Candaba was attached.
5. Lacking from the material portions of the records attached to the
Petition that would support the allegations therein is the entire
records of appealed Civil Case No. 14046 filed before the Regional Trial
Court of San Fernando, Pampanga, Branch 46, inclusive of the oral and
documentary evidence.
Section 11, Rule 13 of the Rules of Court provides:
Sec. 11. Priorities in modes of service and filing. – Whenever
practicable, the service and filing of pleadings and other papers shall
be done personally. Except with respect to papers emanating from the
court, a resort to other modes must be accompanied by a written
explanation why the service or filing was not done personally. A
violation of this Rule may be cause to consider the paper as not filed.
Furthermore, Sections 2 and 3, Rule 42 of the Rules of Court state:
SEC. 2. Form and contents. – The petition shall be filed in seven (7)
legible copies, with the original copy intended for the court being
indicated as such by the petitioner, and shall xxx (d) be accompanied by
clearly legible duplicate originals or true copies of the judgments or
final orders of both lower courts, certified correct by the clerk of
court of the Regional Trial Court, the requisite number of plain copies
thereof and of the pleadings and other material portions of the record
as would support the allegations of the petition.
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SEC. 3. Effect of failure to comply with requirements. – The failure of
the petitioner to comply with any of the foregoing requirements
regarding the payment of the docket and other lawful fees, the deposit
for costs, proof of service of the petition, and the contents of the
documents which should accompany the petition shall be sufficient ground
for the dismissal thereof.
Considering the petitioner’s failure to comply with the requirements set by the Rules of Court, the instant Petition is DISMISSED.
SO ORDERED.
Reyes, Jr., (Chairperson) and Inting, JJ., concur.
[1] Rule VIII. SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial certificate shall include the following:
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(b) the serial number of the commission of the notary public;
(c) the words “Notary Public” and the province or
city where the notary public is commissioned, the expiration date of the
commission, the office address of the notary public; and
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