This case has been cited 2 times or more.
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2011-06-27 |
DEL CASTILLO, J. |
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| The three material dates which should be stated in the petition for certiorari under Rule 65 are the dates when the notice of the judgment was received, when a motion for reconsideration was filed and when the notice of the denial of the motion for reconsideration was received. [26] These dates should be reflected in the petition to enable the reviewing court to determine if the petition was filed on time. [27] Indeed, petitioner's petition before the CA stated only the date of his receipt of the NLRC's Resolution denying his motion for partial reconsideration. It failed to state when petitioner received the assailed NLRC Decision and when he filed his partial motion for reconsideration. However, this omission is not at all fatal because these material dates are reflected in petitioner's Partial Motion for Reconsideration attached as Annex "N" of the petition. In Acaylar, Jr. v. Harayo, [28] we held that failure to state these two dates in the petition may be excused if the same are evident from the records of the case. It was further ruled by this Court that the more important material date which must be duly alleged in the petition is the date of receipt of the resolution of denial of the motion for reconsideration. In the case at bar, petitioner has duly complied with this rule. | |||||
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2010-03-05 |
VELASCO JR., J. |
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| To be sure, the Court has, on several occasions, passed upon and resolved petitions and cases emanating from Shari'a courts. Among these was one involving the issue of whether or not grave abuse of discretion attended the denial of a motion to implement a writ of execution.[14] Still another involved the Shari'a courts' jurisdiction in custody and guardianship proceedings,[15] nullity of marriage and divorce when the parties were both married in civil and Muslim rites,[16] and settlement of estate proceedings where the deceased was alleged to be not a Muslim,[17] or where the estate covered properties situated in different provinces.[18] | |||||