FIRST DIVISION
[G.R. No. 212599. June 29, 2015.]
CITY OF TAGUIG, REPRESENTED BY HON. MAYOR MARIA LAARNI L. CAYETANO,petitioner,vs. COURT OF APPEALS AND BASES CONVERSION AND DEVELOPMENT AUTHORITY,respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated June 29, 2015 which reads as follows:
"G.R. No. 212599 (City of Taguig, represented by Hon. Mayor Maria Laarni L. Cayetano v. Court of Appeals and Bases Conversion and Development Authority). — After a judicious review of the records, the Court resolves to DISMISS the instant petition and AFFIRM the January 2, 2014 1 and March 28, 2014 Resolutions 2 of the Court of Appeals (CA) in CA-G.R. SP No. 132449 for failure of petitioner City of Taguig, represented by Hon. Mayor Maria Laarni L. Cayetano to show that the CA committed grave abuse of discretion in not dismissing respondent Bases Conversion and Development Authority's (BCDA) petition for certiorari containing a defective jurat in the Verification and Certification of Non-Forum Shopping.
As correctly ruled by the CA, the failure of the notary public to indicate in the jurat his notarial commission number, the province or city where he was commissioned, and his office address pursuant to Section 2 3 (b) and (c) of Rule VIII of the Resolution dated July 6, 2004 in A.M. No. 02-8-13-SC, otherwise known as the "2004 Rules on Notarial Practice," was not fatally defective as the requirement of verification is simply a condition affecting the form of pleadings, and non-compliance therewith does not necessarily render the petition fatally defective. 4 Indeed, verification is only a formal, not a jurisdictional requirement which may be dispensed with in the interest of substantial justice. 5 In any event, the instant petition has been rendered moot and academic by BCDA's compliance with the November 12, 2013 Resolution of the CA directing it to rectify the said formal defect.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo (Vol. I), pp. 37-38. Signed by Division Clerk of Court Miriam Alfonso Bautista.
2. Id. at 40-41. Penned by Associate Justice Mario V. Lopez with Associate Justices Jose C. Reyes, Jr. and Socorro B. Inting concurring.
3. SEC. 2. Contents of the Concluding Part of the Notarial Certificate. — The notarial certificate shall include the following:
xxx xxx xxx
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; . . .
xxx xxx xxx
4. Rollo (Vol. I), p. 41.
5. In-N-Out Burger, Inc. v. Sehwani, Incorporated and/or Benita's Frites, Inc., 595 Phil. 1119, 1140 (2008).