278514 Sotero Diola, Felixberto Cubero, Judy U. Lim, Manuel R. Lahoz, and Nerissa C. Natividad Vs. Laguna West Multi-Purpose Cooperative, Inc. — Official PDF

Decision 4 G.R. No. 278514 Ruling of the CA In the assailed Decision, the CA mirrored the RTC's determinations and affirmed its ruling in all material respects. 19 Thereupon, Diola et al. moved for reconsideration, but the same was denied in the now-assailed Resolution. 20 Displeased, Diola et al. now seek recourse before this Court through the present Petition, maintaining that Laguna West lacks a clear legal right to demand the annotation, given the purported invalidity of the JVAs.21 Issue May the Register of Deeds of Tanauan City be compelled by mandamus to carry over the omitted annotations to the pertinent TCTs? Ruling of the Court The Petition lacks merit. Prefatorily, the instant Petition is fatally defective for failing to include a legible duplicate original or certified true copy of the assailed CA rulings, a flaw that renders it dismissible under Rule 45, Sections 422 and 523 of the Rules of Court. Yet, even if this Court were to excuse such procedural mishap, the Petition remains meritless. Mandamus lies when a tribunal, corporation, board, officer, or person unlawfully neglects to perform an act specifically enjoined by law as a duty arising from an office, trust, or station; or excludes another from the use and 19 /d.at41-47. 20 Id. at 68. 21 Id. at 19-20. 22 SEC. 4. Contents of petition. - The petition shall be filed in eighteen ( 18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, without imp leading the lower cou11 or judges thereof either as petitioners or respondents; (b) 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; (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition; (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition; and ( e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. 23 SEC. 5. Dismissal or denial of petition. - The failw·e of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, 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. The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.