This case has been cited 1 times or more.
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2006-10-23 |
CARPIO-MORALES, J. |
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| SEC.3. Effect of failure to comply with requirements. â"€ The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. (Italics in the original; emphasis supplied) A certification by counsel and not by the principal party himself is no certification at all.[4] It is a defective certification which is tantamount to non-compliance with the requirement prescribed by the Rules of Court and constitutes a valid cause for the dismissal of the petition.[5] This is because it is the petitioner and not the counsel who is in the best position to know whether he actually filed or caused the filing of the petition.[6] The appellate court, strictly speaking, was, therefore, correct when it dismissed the petition in this case. There have been instances, however, that the Rule on the matter has been relaxed. | |||||