Monday, November 4, 2013

Case Digest: G.R. No. L-25024. March 30, 1970. 32 SCRA 188

Teodoro C. Santiago, JR. minor, represented by his mother, Angelita C. Santiago, petitioner-appellant, vs. Juanita Bautista, Rosalinda Alpas, Rebecca Matugas, Milkita Inamac, Romeo Agustin, Aida Camino, Luna Sarmago, Aurora Lorena, Soledad Francisco and Mr. Flor Marcelo, respondents-appellees.

Facts: Appellant Teodoro Santiago, Jr. was a pupil in Grade Six at the public school named Sero Elementary School in Cotabato City. As the school year 1964-1965 was then about to end, the "Committee on the Rating of Students for Honor" was constituted by the teachers concerned at said school for the purpose of selecting the "honor students" of its graduating class. With the school Principal, Mrs. Aurora Lorena, as chairman, and Juanita Bautista, Rosalinda Alpas, Rebecca Matugas, Milkita Inamac, Romeo Agustin, Aida Camino and Luna Sarmago, as members, the above-named committee deliberated and finally adjudged Socorro Medina, Patricia LiƱgat and Teodoro C. Santiago, Jr. as first, second and third honors, respectively. The school's graduation exercises were thereafter set for May 21, 1965; but three days before that date, the "third placer" Teodoro Santiago, Jr., represented by his mother, and with his father as counsel, sought the invalidation of the "ranking of honor students."

Issue: Whether or not there is an actual cause of action for petition for certiorari.

Ruling: No. The court held to sustain the order of dismissal appealed from for failure on the part of appellant to comply with the requirements of Section 1 of Rule 65. To be sure, the lower court's holding that appellant's failure to accompany his petition with a copy of the judgment or order subject thereof together with copies of all pleadings and documents relevant and pertinent thereto "is fatal to his cause" is supported not only by the provision of that Rule but by precedents as well.

No comments:

Post a Comment