GREGORIA C. ALCALA, A.K.A. PINKY ALCALA AND CRISTINA CAPUZ, AND PERSONS CLAIMING RIGHTS UNDER HER, PETITIONER, V. ROSARIO B. CRUZ, RESPONDENT.
BUESER, J.:
dated 10 December 2013, this Court directed herein petitioners to
submit a sworn Certificate Against Forum Shopping with a proper
verification within ten (10) days from notice thereof.
Subsequently, the above-mentioned Resolution was duly received by counsel for herein petitioners on 17 December 2013.[2]
However, a perusal of the Judicial Records Division Report[3]
dated 15 April 2014 reveals that no compliance has been filed by
petitioners pursuant to the Resolution dated 10 December 2013 as per
docket book entry.
At this juncture, this Court directs the attention of the petitioners to Section 3, Rule 42 of the Rules of Court:
“Section 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 and the documents which should accompany the
petition shall be sufficient ground for the dismissal thereof.” (Underscoring Ours).
Thus, the failure of herein petitioners to comply with the
Resolution of this Court directing them to submit a sworn certificate
against forum shopping and a proper verification despite due notice
merits an outright dismissal of the instant petition pursuant to the
aforecited provision of the Rules of Court.
WHEREFORE, in the light of the foregoing, the instant petition is hereby DISMISSED pursuant to Section 3, Rule 42 of the 1997 Rules of Civil Procedure, as amended.
SO ORDERED.
Zalameda,[*] (Acting Chairperson) and Sempio Diy,[**] JJ., concur.
[*] Vice Justice De Guia-Salvador per Office Order No. 184-14-ABR dated May 5, 2014.
[**] Acting Junior Member per Office Order No. 187-14-ABR dated May 6, 2014.
[1] Rollo, p. 161
[2] Id. dorsal side
[3] Id. dorsal side