SECOND DIVISION
[UDK 16265. April 3, 2019.]
PEOPLE OF THE PHILIPPINES, JOSE N. ZIALCITA, petitioners, vs.SHERYL ANN A. MOLINO, MYLENE PABLO C/O STRAMAN ENTERPRISES/MINISTOP, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 April 2019which reads as follows:
"UDK 16265 — People of the Philippines, Jose N. Zialcita versus Sheryl Ann A. Molino, Mylene Pablo c/o Straman Enterprises/Ministop
After reviewing the Petition and its annexes, inclusive of the Order 1 dated April 29, 2016 of the Metropolitan Trial Court of Manila, Branch 19 in Crim. Case No. 485733-CR, the Court resolves to DISMISS the Petition.
The Court notes the following infirmities of the Petition: (i) lack of payment of docket and other legal fees; (ii) lack of explanation on why the Petition was not personally served to the court of origin and adverse parties; (iii) lack of certification on non-forum shopping; (iv) lack of affidavit of service; and (v) direct resort to the Court in violation of Section 4, Rule 65 of the Rules of Court. The following defects alone warrant the outright dismissal of the Petition pursuant to Section 3, 2 Rule 46, in relation to Rule 56 of the Rules. Moreover, the timeliness of the filing of the Petition is indeterminable based on petitioner Jose N. Zialcita's narration of facts.
SO ORDERED. (REYES, J., JR., J., on wellness leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 7-10. Penned by Presiding Judge Karen Matti Sy.
2. Sec. 3. Contents and filing of petition; effect of non-compliance with requirements. — The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for.
In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received.
It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original.
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 thereof within five (5) days therefrom.
The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition.
The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.