IN THE MATTER OF THE WATER POLLUTION CONTROL AND ABATEMENT CASE VS. ELNAR GOLD PROCESSING PLANT, PETITIONER.

Decisions / Signed Resolutions December 13, 2013 SPECIAL SIXTEENTH DIVISION ZALAMEDA, R.V., J.:
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ZALAMEDA, R.V., J.:


A perusal of the Petition for Review[2] reveals that the same is fraught with infirmities warranting its dismissal, to wit:

  1. The Order[3] dated 13 December 2013 issued by the Population Adjudication Board[4] and appended to the Petition, although stated to be a certified xerox copy, was not signed by the certifying officer[5] in violation of Sec. 6, Rule 43 of the Rules of Court;[6]
  2. The Order[7] dated 11 September 2014 issued by the PAB and appended to the Petition is a mere Xerox copy of the certified xerox copy, in violation of Sec. 6, Rule 43 of the Rules;
  3. There was no written explanation why the service of the Petition was not done personally pursuant to Section 11, of Rule 13 of the Rules;
  4. Affiant Ronnie B. Cornelio failed to show competent proof of identity in the Affidavit of Service[8] attached to the Petition, in violation of the 2004 Rules on Notarial Practice as amended by A.M. No. 02-8-13-SC dated 19 February 2008.

Non-compliance with any of the requirements mandated by the Rules is a ground for dismissal, thus –

“X x x

Sec. 7. 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 and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.

X x x”

WHEREFORE, premises considered, the instant Petition for Review is DISMISSED. Accordingly, the case is deemed CLOSED and TERMINATED.

SO ORDERED.

Antonio-Valenzuela, N.G.,[1] and Sempio Diy, M.E., JJ., concur.

[1] Vice J. Romeo F. Barza per Office Order No. 448-14-ABR dated 29 October 2014.

[2] Rollo, pages 03 to 22; “Petition,” for brevity.

[3] Id. at 23 to 26.

[4] “PAB,” for brevity.

[5] Rollo, page 23.

[6] “Rules,” for brevity.

[7] Id. at 27 to 31.

[8] Id. at 22.

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