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SEGUNDINA A. GALVEZ v. CA

This case has been cited 3 times or more.

2016-02-03
REYES, J.
In Galvez v. Court of Appeals,[37] the Court held:[T]he mere failure to attach copies of the pleadings and other material portions of the record as would support the allegations of the petition for review is not necessarily fatal as to warrant the outright denial of due course when the clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts, certified correct by the clerk of court of the RTC, and other attachments of the petition sufficiently substantiate the allegations.
2015-01-12
MENDOZA, J.
Recently, in Galvez, v. CA,[31] it was held that attaching the other records of the MTC and the RTC were not necessary based on the circumstances of the case. The petitioner therein was not assailing the propriety of the findings of fact by the MTC and the RTC, but only the conclusions reached by the said lower courts after their appreciation of the facts. In dealing with the questions of law, the CA could simply refer to the attached decisions of the MTC and the RTC.
2014-08-18
BERSAMIN, J.
In Galvez v. Court of Appeals,[18] a case that involved the dismissal of a petition for certiorari to assail an unfavorable ruling brought about by the failure to attach copies of all pleadings submitted and other material portions of the record in the trial court (like the complaint, answer and position paper) as would support the allegations of the petition, the Court recognized three guideposts for the CA to consider in determining whether or not the rules of procedures should be relaxed, as follows: First, not all pleadings and parts of case records are required to be attached to the petition. Only those which are relevant and pertinent must accompany it. The test of relevancy is whether the document in question will support the material allegations in the petition, whether said document will make out a prima facie case of grave abuse of discretion as to convince the court to give due course to the petition.