[9]
Penned by then Associate Justice Artemio G. Tuquero (now Secretary of Justice) and concurred in by Associate
Justices Eubulo G. Verzola and Elvi John S. Asuncion.
[10]
Proof of service.- Proof of personal service shall consist of a written admission of the party served, or the official
return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of
service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing or facts
showing compliance with section 7 of this Rule. If service is made by registered mail, proof shall be made by such
affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately
upon its receipt, or in lieu thereof of the unclaimed letter together with the certified or sworn copy of the notice
given by the postmaster to the addressee.
[11]
Section 1.-- When any tribunal, board or officer exercising judicial or quasi judicial functions has
acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of
such tribunal, board, officer, and granting such incidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof,
copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of Section 3, Rule 46.
[12]
Rollo, p. 25.
[13]
Heirs of Francisco Guballa Sr. vs. Court of Appeals, 168 SCRA 518 (1988)
[14]
RULES OF COURT, Rule 2, Section 6.
[15]
Casa Filipina Realty Corporation vs. Office of the President, 241 SCRA 165 (1995)
[16]
CA Rollo, pp. 26-32.
[17]
Ibid., pp. 34-36.
[18]
Ibid., pp. 12-13.
[19]
Ibid., p. 27.
[20]
Ibid., p. 13.
[21]
Ibid., ANNEX "I", p. 98.
[22]
Roberts vs. CIR, 176 F.2d 221 (9th Cir. 1949)
[23]
86 C.J.S. 906.