EN BANC
[UDK-14858. April 2, 2013.]
ERNESTO D. BALITE, petitioner, vs. COMMISSION ON ELECTIONS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated APRIL 2, 2013, which reads as follows:
"UDK-14858 (Ernesto D. Balite vs. Commission on Elections). — In accordance with Rule 64 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing review of judgments and final orders or resolutions of the Commission on Elections, only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court Resolved to DISMISS the instant petition for certiorari for non-compliance therewith, particularly for —
(a) failure to completely state the material dates to show that the petition was filed on time pursuant to Section 5, Rule 64 in relation to Section 3 (2nd par.), Rule 46;
(b) non-submission of proof of service (e.g., a written admission of the party served/an affidavit of the party serving/registry receipts) of the petition on the Commission on Elections as required by Section 5, Rule 64 and Section 13, Rule 13;
(c) failure to pay docket and other fees in violation of Section 5 (4th par.), Rule 64 and Section 3, Rule 46 in relation to Section 2, Rule 56; and
(d) insufficiency of the petition in form as it lacks verification and certification against forum-shopping as required by Section 5, Rule 64 in relation to Sections 4 and 5, Rule 7.
In any event, the petition would still be dismissed for failure to sufficiently show that any grave abuse of discretion was committed by the Commission on Elections in rendering the challenged resolution which, on the contrary, appears to be in accord with the facts and applicable law and jurisprudence." Perlas-Bernabe, J., on official leave. (adv30)
Very truly yours,
(SGD.) ENRIQUETA E. VIDALClerk of Court