3 v. Lapitan Division Clerk Of Court Third Division February 17

Third Division C E R T I F I C A T I O N Pursuant to Section l 3, Article VIII of the Constitution, and the Division Chairperson's attestation, it is hereby certified that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. MARIA LOURDES P.A. SERENO Chief Justice CERTIFIED TRUE COPY: WILFREDO V. LAPITAN Division Clerk of Court Third Division February 17, 2016 Footnotes Designated as Regular Member of the Third Division per Special Order No. 2311 dated January 14. 2016.

1 Pompiniano Espinosa, also referred to as Pompeniano Espinosa in his Death Certificate, was the husband of the petitioner. He died while the case was pending in the Court of Appeals, rollo , p. 71.

2 Petitioner Lucita Tiorosio-Espinosa died during the pendency of the case before this Court and was substituted by her children, namely: Pompeniano Tiorosio Espinosa, Jr., Erlinda Tiorosio Espinosa, Elsa Tiorosio Espinosa, Elbert Toralba Espinosa, Edwin Tiorosio Espinosa, and Elizabeth Tiorosio Espinosa, id. at 408. 3 Id.

at 146-157. 4 Id. at 103-107.

5 Id. at 106-107. 6 Id.

at 124-128. 7 Id. at 108-117.

8 Id. at 97-99. 9 Id.

at 225. 10 Id. at 139.

11 Id. at 140-142. 12 Id.

at 100-101. 13 Id. at 25.

14 Id. at 74-96. 15 Id.

at 63A-63B. 16 Id. at 267-268, 274.

17 Id. at 66-69. 18 See footnote 1; rollo , pp. 20-45.

19 Rollo , pp. 31-42. 20 Id. at 276-277.

21 Id. at 297-324. 22 Id.

at 289-291. 23 Id. at 326-327.

24 Id. at 379-394. 25 Rule 46, 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 any of the requirements shall be sufficient ground for the dismissal of the petition. 26 Rollo , p. 78.

27 Id. at 144-145. 28 Id.

at 144. 29 Id. at 302; see footnote 16.

30 Samala v. Court of Appeals , G.R. No. 128628, August 23, 2001, 363 SCRA 535, 541. 31 Madarang v. Morales , G.R. No. 199283, June 9, 2014, 725 SCRA 480, 495-496. 32 Id.

at 496. 33 Rollo , p. 141.

34 See JP Latex Technology, Inc. v. Ballons Granger Balloons, Inc. , G.R. No. 177121, March 16, 2009, 581 SCRA 553, 561. 35 RULES OF COURT, Rule 39, Sec. 2(a). Execution of a judgment or final order pending appeal.

- On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal. After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court. Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.

36 G.R. Nos. L-59311 & L-59320, January 31, 1985, 134 SCRA 395. 37 Id. at 400-401.

38 G.R. Nos. L--34589 & L-34656, June 29, 1988, 163 SCRA 9. 39 Id.at 15-17. 40 G.R. No. 172508, January 12, 2011, 639 SCRA 361.

41 G.R. No. 131109, June 29, 1999, 309 SCRA 474. 42G.R. No. 79516, July 18, 1991, 199 SCRA 381. 43 G.R. No. 89431, April 25, 1990, 184 SCRA 561.

44 RULES OF COURT, Rule 65, See. I. 45 PAMANA, Inc. v. Court of Appeals, G. R. No. 133033, June 15, 2005, 460 SCRA 133, 141.