This case has been cited 3 times or more.
2010-11-17 |
MENDOZA, J. |
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On the matter of service, Section 1, Rule 65 in relation to Section 3, Rule 46 of the Rules of Court, clearly provides that in a petition filed originally in the CA, the petitioner is required to serve a copy of the petition on the adverse party before its filing.If the adverse party appears by counsel, service shall be made on such counsel pursuant to Section 2, Rule 13.[26] | |||||
2008-09-30 |
QUISUMBING, J. |
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Finally, we note that petitioner failed to attach a certified true copy of the assailed Resolution in OMB-C-C-03-0729-L in disregard of paragraph 2[53] of Section 1, Rule 65 on certiorari. As previously ruled, the requirement of providing appellate courts with certified true copies of the judgments or final orders that are the subjects of review is indispensable to aid them in resolving whether or not to give due course to petitions. This necessary requirement cannot be perfunctorily ignored, much less violated.[54] In view, however, of the serious matters dealt with in this case, we opted to tackle the substantial merits hereof with least regard to technicalities. | |||||
2008-09-25 |
CHICO-NAZARIO, J. |
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In the more recent case of Go v. Court of Appeals,[41] this Court, through Mr. Justice Quisumbing, once again made clear that "Section 1, Rule 65 in relation to Section 3, Rule 46 of the Rules of Court, clearly states that in a petition filed originally in the Court of Appeals, the petitioner is required to serve a copy of the petition on the adverse party before its filing (citation omitted). If the adverse party appears by counsel, service shall be made on such counsel pursuant to Section 2, Rule 13. Since the OSG represents the Republic of the Philippines once the case is brought before this Court of the Court of Appeals, then service of the petition should be made on that office (citation omitted)." |