FIRST DIVISION
[G.R. No. 213772. November 10, 2014.]
PATRIA FRAGANTE [DECEASED], SUBSTITUTED BY HER HEIRS MARIZ RECINTO Y FRAGANTE, JOSEFINA FRAGANTE, AND NORALYN F. ALLEN, petitioners,vs. MELCHORA M. ENRIQUEZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 10, 2014which reads as follows: TIADCc
"G.R. No. 213772 (Patria Fragante [deceased], substituted by her heirs Mariz Recinto y Fragante, Josefina Fragante, and Noralyn F. Allen v. Melchora M. Enriquez). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the November 28, 2013 1 and August 14, 2014 Resolutions 2 of the Court of Appeals (CA) in CA-G.R. SP No. 132590 for failure of Patria Fragante (deceased), substituted by her heirs Mariz Recinto y Fragante, Josefina Fragante, and Noralyn F. Allen (petitioners) to sufficiently show that the CA committed any reversible error in denying their petition for certiorari for failure to file a motion for reconsideration prior to filing of the same.
It is settled that the filing of a motion for reconsideration is a condition precedent to the filing of a petition for certiorari in order to afford an opportunity for the correction of the error or mistake complained of. 3
Neither did the CA err in dismissing the petition based on the following grounds: (1) failure to file an affidavit of service attached to the petition; 4 (2) failure to show in the Verification/Certification that petitioner Mariz F. Recinto was duly authorized to sign the petition for and in behalf of the other petitioners; 5 and (3) failure of petitioners' counsel to indicate the date of the issuance of his Mandatory Continuing Legal Education (MCLE) exemption. 6
SO ORDERED."SERENO, C.J., on official travel; DEL CASTILLO, J., acting member per S.O. No. 1862 dated November 4, 2014. BERSAMIN, J., on official travel; VELASCO, JR., J., acting member per S.O. No. 1870 dated November 4, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 50-52. Penned by Associate Justice Amelita G. Tolentino with Associate Justices Ricardo R. Rosario and Leoncia R. Dimagiba, concurring.
2.Id. at 54. Penned by Associate Justice Ricardo R. Rosario with Associate Justices Apolinario D. Bruselas, Jr. and Leoncia Real-Dimagiba, concurring.
3.PIDL Tranco Service Enterprises, Inc. v. Philtranco Workers Union-Association of Genuine Labor Organizations, G.R. No. 180962, February 26, 2014.
4. See Section 3, Rule 46 of the Rules of Court.
5.Id.
6. "Re: Number and date of MCLE Certificate of Completion/Exemption required in all pleadings or motions," Bar Matter No. 1922, June 3, 2008.