G.R. No. 219291 - MICHAEL V. RACION, VS. MST MARINE SERVICES PHILIPPINES, INC., ALFONSO RANJO DEL CASTILLO AND/OR THOME SHIP MANAGEMENT PTE. LTD..RESOLUTION - Supreme Court E-Library

Ruling

Accordingly, the party who seeks to avail of it must strictly observe the rules laid down by law." [17] Further, "[t]he acceptance of a petition for certiorari as well as the grant of due course thereto is, in general, addressed to the sound discretion of the court. Although the court has absolute discretion to reject and dismiss a petition for certiorari , it does so only (1) when the petition fails to demonstrate grave abuse of discretion by any court, agency, or branch of the government; or (2) when there are procedural errors, like violations of the Rules of Court or Supreme Court Circulars." [18] Here, the CA was correct in dismissing the petition for certiorari as it was beset with procedural errors arising from violations of the Rules of Court. First , petitioner failed to execute a certificate of non-forum shopping. Section 1, Rule 65 of the Rules of Court directs that a petition should be accompanied by a certificate of non-forum shopping in accordance with Section 3, Rule 46 also of the Rules of Court, which states: SEC. 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. x x x x 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 with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. (n) (Emphasis supplied) The execution of the certificate by petitioner's counsel is a defective certification, which amounts to non-compliance with the requirement of a certificate of non-forum shopping. This is sufficient ground for the dismissal of the petition. [19] The issue of a counsel executing a certifi