SECOND DIVISION
[G.R. No. 246172. June 17, 2019.]
FORD BALINTAWAK, petitioner, vs.SAMUEL B. ADANTE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated17 June 2019which reads as follows:
"G.R. No. 246172 (Ford Balintawak v. Samuel B. Adante)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the December 14, 2018 2 and March 20, 2019 3 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 158468 for failure of petitioner Ford Balintawak (petitioner) to sufficiently show that the CA committed any reversible error in denying its petition for certiorari4 (certiorari petition) for being filed out of time and due to procedural defects.
As correctly ruled by the CA, petitioner's certiorari petition was filed out of time. Records reveal that petitioner received a copy of the Secretary of the Department of Trade and Industry's Decision 5 dated August 27, 2018 on September 18, 2018, 6 thus, it had only until November 19, 2018 within which to file the above-mentioned petition, pursuant to Section 4, 7 Rule 65 of the Rules of Court (Rules). Instead, the certiorari petition was belatedly filed on November 21, 2019 without petitioner proferring any explanation as to its late submission. HTcADC
Moreover, the CA likewise properly dismissed the certiorari petition due to the following procedural infirmities: (a) petitioner's failure to attach proof of payment of the filing or docket fees in the petition under paragraph (1) of the Supreme Court Revised Circular (SC-RC) No. 1-88; 8(b) the fact that the petition was filed in the name of petitioner while the verification and certification of non-forum shopping 9 and secretary's certificate 10 stated "Matterhorn Motor" as the petitioner in violation of Section 12, 11 in relation to Section 3, 12 Rule 7 of the Rules; (c) its failure to attach the affidavit of service or proof of service of any kind in the Petition in violation of SC-RC 1-88 and 19-91, 13 and of Section 13, 14 Rule 13 of the Rules; and (d) when it attached a mere photocopy of the assailed Decision in the petition. 15 Verily, it is an accepted tenet that rules of procedure must be faithfully followed except only when, for persuasive and weighting reasons, they may be relaxed to relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure, 16 which petitioner failed to discharge. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 7-13.
2.Id. at 16-18. Penned by Associate Justice Gabriel T. Robeniol with Associate Justices Ramon R. Garcia and Eduardo B. Peralta, Jr., concurring.
3.Id. at 20-21.
4.Id. at 26-32.
5.Id. at 115-119. Signed by Undersecretary Atty. Rowel S. Barba.
6. See id. at 8.
7. Section 4. When and where petition filed. — The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60)-day period shall be counted from notice of the denial of said motion.
8. Entitled "IMPLEMENTATION OF SEC. 12, ART. XVIII OF THE 1987 CONSTITUTION AND COMPLEMENTING ADMINISTRATIVE CIRCULAR NO. 1 OF JANUARY 28, 1988 ON EXPEDITIOUS DISPOSITION OF CASES PENDING IN THE SUPREME COURT" (July 1, 1991). Paragraph 1 thereof provides:
(1) Payment of docketing and other fees. — Section 1 of Rule 45 requires that petitions for review be filed and the required fees paid within the prescribed period. Unless exempted by law or rule, such fees must be fully paid in accordance with this Circular; otherwise, the Court may deny the petition outright. The same rule shall govern petitions under Rule 65.
9.Rollo, p. 55.
10.Id. at 56.
11. Section 12. Verification. — Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.
A pleading required to be verified which contains a verification based on "information and belief," or upon "knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading.
12. Section 3. Signature and Address. — x x x
xxx xxx xxx
An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails promptly report to the court a change of his address, shall be subject to appropriate disciplinary action.
13. Entitled "PRESCRIBING STRICT COMPLIANCE WITH SECTIONS 3 AND 5 IN RELATION TO SECTION 10 OF RULE 13 OF THE RULES OF COURT ON SERVICE OF PETITION OR MOTION FOR EXTENSION" (August 13, 1991).
14. Section 13. Proof of Service. — Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.
15. See Pinakamasarap Corporation v. National Labor Relations Commission, 534 Phil. 222, 230 (2006).
16. Waterfront Cebu City Casino Hotel, Inc. v. Ledesma, 757 Phil. 163, 176 (2015).