SECOND DIVISION
[UDK 16278. October 1, 2018.]
ELSA H. SAREP, petitioner,vs. GOVERNMENT SERVICE INSURANCE SYSTEM; MINDANAO STATE UNIVERSITY, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated01 October 2018which reads as follows: acEHCD
"UDK 16278 (Elsa H. Sarep v. Government Service Insurance System; Mindanao State University)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the January 15, 2018 and August 2, 2018 Resolutions 2 of the Court of Appeals (CA) in CA-G.R. SP-UDK No. 08289-MIN for failure of petitioner Elsa H. Sarep (petitioner) to sufficiently show that the CA committed any reversible error in dismissing the petition based on procedural grounds.
As correctly ruled by the CA, failure to comply with the procedural requirements 3 on the contents of and the attachments to a petition for mandamus warrants the dismissal of the petition. 4 Settled is the rule that "procedural rules are not to be disdained as mere technicalities that may be ignored at will to suit the convenience of a party." 5 Like all rules, they are required to be followed except only for compelling reasons, 6 which do not obtain in this case. Moreover, as aptly pointed out by the CA, the resort to a special civil action for mandamus was premature because there was an available remedy within the Government Service Insurance System machinery that petitioner could have used to challenge the assailed acts. 7
SO ORDERED." (CAGUIOA, J., on official business; REYES, J., JR., J., designated as Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 4-10.
2.Id. at 108-109 and 12-17, respectively. Penned by Associate Justice Edgardo A. Camello with Associate Justices Perpetua T. Atal-Paño and Walter S. Ong, concurring.
3. Section 3, Rule 46 of the Rules of Court provides:
Section 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. (Emphasis and underscoring supplied)
See also Section 1, Rule 7, as well as Section 3, Rule 65 of the Rules of Cout.
4. See rollo, pp. 12-16 and 108-109.
5. See Abadilla v. Spouses Obrero, 775 Phil. 419, 426 (2015).
6.Naguit v. San Miguel Corporation, 761 Phil. 184, 193 (2015), citing Lanzaderas v. Amethyst Security and General Services, Inc., 452 Phil. 621, 632 (2003); citation omitted.
7. See rollo, p. 109.