SECOND DIVISION
[G.R. No. 244261. March 25, 2019.]
MARGARITO PEREZ, REPRESENTED BY MELIETO P. PEREZ, petitioner, vs.ILOILO RURAL BANK OF POTOTAN [ILOILO], INC., REPRESENTED BY ITS GENERAL MANAGER, JESSA OREJAS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 25 March 2019 which reads as follows:
"G.R. No. 244261 (Margarito Perez, represented by Melieto P. Perez v. Iloilo Rural Bank of Pototan [Iloilo], Inc., represented by its General Manager, Jessa Orejas)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 outright for failure of petitioner Margarito Perez, represented by Melieto P. Perez (petitioner), to submit a clearly legible duplicate original, or a certified true copy of the assailed resolution, as only a mere photocopy of the certified true copy of the assailed resolution was attached to the petition.
Under Section 4 (d), 2 Rule 45 of the Rules of Court, a petition for review on certiorari filed before this Court must be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo. Failure to comply with this requirement renders the petition dismissible under Section 5 3 of the above-mentioned Rule.
In any event, the Court of Appeals (CA) did not commit any reversible error in dismissing 4 the CA petition 5 dated April 14, 2018, considering that: (a) the petition does not contain an averment that a prior motion for reconsideration was filed; 6(b) appeal was available as a recourse which precludes the filing of a petition under Rule 65; 7 and (c) by eventually filing an appeal which questions the very same decision subject of the CA petition, petitioner has engaged in forum-shopping, 8 which cannot be allowed.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 14-22.
2. Section 4. Contents of petition. — The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall x x x (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition[.] (Emphasis supplied)
3. Section 5. Dismissal or denial of petition. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.
4. Not attached to the rollo but was referenced in the CA Resolution dated January 16, 2019; rollo, p. 28.
5.Id. at 59-76.
6. See id. at 28-29.
7. See id. at 30-31.
8. See id. at 29.