THIRD DIVISION
[G.R. No. 199638. February 27, 2012.]
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated 27 February 2012, which reads as follows:
G.R. No. 199638 — Joy J. Abastillas v. Wilkris Appliance Corporation and/or Cora I. Manzano as HRD Head & Gideon C. Cabatingan, as Finance Officer
RESOLUTION
After a perusal of the records, the Court resolves to DISMISS the instant petition for failure to show that the Court of Appeals committed grave abuse of discretion amounting to lack or in excess of jurisdiction in dismissing petitioner's petition for certiorari filed before it for failure to attach the duplicate original of the certification against forum shopping. Section 1, 1 Rule 65 of the Rules of Court, in relation to Section 3, 2 Rule 46 of the Rules of Court, essentially provides that non-compliance with the requirement of certification against forum shopping is a sufficient ground for the dismissal of the petition.
SO ORDERED.
Very truly yours,
(SGD.) LUCITA ABJELINA-SORIANODivision Clerk of Court
Footnotes
1.SECTION 1. Petition for certiorari. — . . .
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46.
2.SECTION 3. Contents and filing of petition; effect of non-compliance with requirements. — . . .
The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency within five (5) days therefrom.
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The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.