Case Digest (G.R. No. 128772)
Facts:
Ricardo C. Cadayona v. Court of Appeals and the Provincial Governor of Leyte, G.R. No. 128772, February 03, 2000, the Supreme Court En Banc, Gonzaga-Reyes, J., writing for the Court. Petitioner Ricardo C. Cadayona filed a petition for review with the Court of Appeals on January 13, 1997 seeking annulment of Civil Service Commission Resolution Nos. 96-7418 and 96-2569 that affirmed his preventive suspension; the petition was docketed as CA-G.R. SP. No. 43104 against the Provincial Governor of Leyte.The Court of Appeals (Special Eighth Division) dismissed the petition outright in a February 19, 1997 resolution on two procedural grounds: (1) the certificate against forum shopping attached to the petition was signed by petitioner’s counsel instead of the petitioner himself; and (2) three annexes to the petition (Annexes D, E and F) were mere photocopies and not certified true copies. Petitioner moved for reconsideration, which the Court of Appeals denied on March 31, 1997, holding that failure to submit certified true copies of the cited annexes was a fatal flaw under Revised Administrative Circular No. 1-95 and elaborating on its reading of the doctrine of the last antecedent.
Petitioner then brought the matter to the Supreme Court (G.R. No. 128772), challenging (i) the Court of Appeals’ imposition of a requirement that all annexes be certified, and (ii) the dismissal of his petition for review. The Supreme Court considered the governing pleading rules and precedents, including comparisons with the cer...(Subscriber-Only)
Issues:
- Did the Court of Appeals err, as a procedural matter, in imposing a requirement that all annexes to a petition for review under Rule 43 must be certified true copies?
- Was the Court of Appeals’ outright dismissal of petitioner’s petition for review justified by the alleged defects (certificate against forum shopping signed by counsel and ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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