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JurisprudenceG.R. No. 139288 -

G.R. No. 139288 - LEONIDA S. ROMERO, VS. CIVIL SERVICE COMMISSION.R E S O L U T I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 590RA 993RA 681RA 192RA 610
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TL;DR — Ruling

WHEREFORE, Leonida S. Romero is hereby found guilty of Dishonesty and Falsification of Official Documents. Accordingly, she is meted out the penalty of dismissal with all the accessory penalties." [4] Petitioner filed a motion for reconsideration but the same was denied by the Commission in its Resolution No.

Decision

Ruling

WHEREFORE, Leonida S. Romero is hereby found guilty of Dishonesty and Falsification of Official Documents. Accordingly, she is meted out the penalty of dismissal with all the accessory penalties." [4] Petitioner filed a motion for reconsideration but the same was denied by the Commission in its Resolution No. 990601 of 09 March 1999. Aggrieved, petitioner filed her petition for review before the Court of Appeals. The petition, however, was outrightly dismissed by the Court of Appeals in its resolution of 18 May 1999 on the following grounds: "Upon examination of the petitioners urgent Motion for Extension of Time to file Petition for Review, and the Petition for Review itself, and it appearing that -- "1. It does not contain a statement of the specific material date, showing when the petitioner actually received a copy of Civil Service Commission Resolution No. 982860 (Annex C of the Petition), dated November 4, 1998, which will thus enable this Court to determine whether the petitioner seasonably filed her motion for reconsideration thereof; "2. The Petition does not spell out the grounds relied upon for the review; and "3. The copy of Resolution No. 955057 (Annex G of the Petition), dated August 17, 1995, is not a properly certified true copy thereof, in violation of Supreme Court Administrative Circular No. 3-96, dated April 17, 1996 to wit: "x x x x x x x x x "All these in violation of Sections 6 and 7, Rule 43 of the 1997 Rules of Civil Procedure, as amended, to wit: "Sec. 6. Contents of the petition. -- The petition for review shall (a) state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents; (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review; (c) be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers; and (d) contain a sworn certification against forum-shopping as provided in the last paragraph of Section 2, Rule 42. The petition shall state the specific material dates showing that it was filed within the period fixed herein. S"Sec. 7. Effect of failure to comply with requirements. -- 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." [5] Petitioners motion for reconsideration was denied by the appellate court in its Resolution of 17 June 1999. Hence, this petition, asseverating - "a. That the Honorable Court of Appeals abused its judicial discretion in denying petitioner/appellants Motion for Reconsideration; "b. That the respon