GR L 27197; (May, 1967) (Digest)
G.R. No. L-27197, May 31, 1967
NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, petitioner, vs. THE MUNICIPALITY OF LIBMANAN, and THE PRESIDING JUDGE, BRANCH FIVE OF THE COURT OF FIRST INSTANCE OF CAMARINES SUR, respondents.
FACTS
The petitioner, National Waterworks and Sewerage Authority (NAWASA), filed a petition for certiorari and mandamus against the respondents, the Municipality of Libmanan and the Presiding Judge of Branch V of the Court of First Instance of Camarines Sur. NAWASA sought to enjoin the respondent court from executing its decision in Civil Case No. L-161 and to compel the court to approve either the original or amended record on appeal, arguing that the original was perfected within the reglementary period or that the delay in filing the amended version was beyond its control. However, the petition failed to attach essential documents: a copy of the complaint filed by the municipality for recovery of property with damages (mentioned in paragraph 3), a copy of the court’s decision dated December 10, 1965 (mentioned in paragraph 4), a copy of the order of default and the motion for reconsideration (mentioned in paragraph 5), and copies of the original or amended record on appeal. The absence of these pleadings and documents was deemed critical given the petition’s objectives.
ISSUE
Whether the petition for certiorari and mandamus should be granted despite the failure to attach essential pleadings and documents relevant to the case.
RULING
The Supreme Court dismissed the petition. It emphasized the importance of the missing pleadings and documents, noting that they were indispensable for a proper resolution of the petition, which sought to enjoin the execution of a decision and to compel approval of a record on appeal. The Court held that without these attachments, it could not adequately evaluate the merits of NAWASA’s claims. The dismissal was unanimous, with Justice Sanchez taking no part.
