URSULITO SERAFINA, JOELITO ZAMORA, REMEGIO ROBLAS, AGUSTIN SERAFINA AND REYNALDO CUGAL, PETITIONERS, VS. ERNESTO SABANDAL IV AND OMBUDSMAN (VISAYAS), THRU ITS ASSISTANT OMBUDSMA…

In Our Resolution dated August 31, 2012, We directed the petitioners to provide this Court the true identity of Fr. Ernesto Sabandal IV and his complete address, within five (5) days from notice. Subsequently, on September 24, 2012, the petitioners’ counsel received^[1] the Resolution dated August 31, 2012 as per registry return receipt.

On March 3, 3014, this Court issued a Minute Resolution directing the petitioners, through counsel, to furnish private respondent’s counsel, Atty. Emmanuel G. Golo, a copy of the March 27, 2008 Petition for Certiorari within five (5) days from notice and to submit to this Court proof of service within five (5) days thereafter. The Minute Resolution was received^[2] by petitioners’ counsel Atty. Juanito V. Raza on March 26, 2014, as per registry return receipt.

On June 6, 2014, the Judicial Records Division (JRD) made a report^[3] that no compliance has been filed by the petitioners as per Special Proceeding Section docket entry.

It was held in the case of Zamboanga Forest Managers Corp., v. New Pacific Timber and Supply Co., et al ^[4]., that a party’s failure to comply with the CA’s directive without justifiable cause is a ground for the dismissal of an appeal under Section 1 (h), Rule 50 of the Rules.

Clearly, despite the lapse of a reasonable period, the petitioners have failed to comply with the directive in the Resolutions dated August 31, 2012 and March 3, 3014, per the Certification dated June 6, 2014 of the Judicial Records Division (CA-JRD).

WHEREFORE, pursuant to Section 1(h), Rule 50^[5] of the Revised Rules of Court, the Petition is hereby DISMISSED.

SO ORDERED.

Ingles,^* and Lopez, JJ., concur.

---

^* In lieu of Justice Edgardo L. Delos Santos who is on wellness leave per Office Order No. 13-14-GTI.

^[1] Rollo, dorsal portion of page 62.

^[2] Rollo, dorsal portion of page 65.

^[3] Rollo, dorsal portion of page 96.

^[4] G.R. No. 173342, October 13, 2010.

^[5] Section 1(h), Rule 50, 1997 Rules of Civil Procedure – Grounds for Dismissal of Appeal. – Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars, or directives of the court without justifiable cause; (Bold supplied)