MARILYN A. ALFANTA, MIMOSA R. ARANAS, MINOMBAO A. BANI, MARLYN P. HERBITO, BEATRIZ B. LARANIO, PAPALA A. MAYO, GOMANDER A. ROMANGGAR, ELSIE N. SABUERO, PETITIONERS VS. MAYOR IBR…
CAMELLO, J.:
We resolve to NOTE and GRANT petitioners’ Motion for Extension of Time to File a Petition for Review.
A reading of the petition, however, shows infirmities that would warrant its outright dismissal:
- The Verification is defective as it is based on “our knowledge, in contravention of Rule 7, Section 4[3] of the Rules of Court;[4]
- Petitioners Marylin Alfanta and Marlyn Herbito did not sign the Verification/Certification of Non-Forum Shopping and there is no attached Special Power of Attorney authorizing the other petitioners to institute the petition and sign the verification in their behalf;[5]
- The Verification/Certification against Forum Shopping did not indicate competent evidence of affiants’ identities[6] in non-compliance with Rule IV, Section 2(b) in relation to Rule II, Section 12 of the 2004 Rules on Notarial Practice.[7]
- The notarial certificates of the Verification/Certification against Forum Shopping and the Affidavit of Service and Filing do not indicate (a) the serial number of the notary public’s commission; and (b) the office address of the notary public,[8] in non-compliance with Rule VIII, Section 2 of the 2004 Rules on Notarial Practice.[9]
ACCORDINGLY, the petition for review is DISMISSED.
SO ORDERED.
Inting and Perez, JJ., concur.
[1] Rollo, pp. 2-4.
[2] Rollo, pp. 20-50.
[3] Section 4. Verification. — Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit .(5a)
A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.
A pleading required to be verified which contains a verification based on “information and belief”, or upon “knowledge, information and belief”, or lacks a proper verification, shall be treated as an unsigned pleading.
[4] Rollo, p. 51.
[5] Rollo, p. 52.
[6] Id.
[7] Competent Evidence of Identity. – The phrase “competent evidence of identity” refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or (b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.
8 Rollo, p. 52.
9 SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;
(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
(d) the roll of attorney’s number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number.