REPUBLIC OF THE PHILIPPINES

Supreme Court
Manila

EBRENCIO F. INDOYON, JR.,

Municipal Treasurer, Lingig, Surigao del Sur
Petitioner,

- versus - SC G.R. No. 193706

For: Certiorari
under Rule 65
of Revised Rules of
Court
COURT OF APPEALS,
Twenty-Second Division, Cagayan de Oro City,
Respondent.

PETITION FOR r CERTIORARI

PETITIONER, thru counsel, respectfully avers that:

1. Petitioner Ebrencio F. Indoyon, Jr., was the municipal treasurer

of the Municipality of Lingig, Surigao del Sur, with Salary Grade 24.2
On 8 August 2005.

On the other hand, Respondent Court of Appeals, Cagayan de

Oro City issued a resolution for dismissing the Petition for Review on
Certiorari filed by petitioner under Rule 43 on the ground of technical
infirmities.

2. The Court of Appeals committed grave abuse of discretion in

dismissing petitioner’s Rule 43 Petition for Review on Certiorari on
the ground of noncompliance with the Rules of Court and Supreme
Court circulars.
Respondent should relax the procedural rules in the interest of
substantial justice.

3. (State that there is no appeal from such decision, nor any plain,
speedy, and adequate remedy in the ordinary course of law.)
4. That a certified true copy of the decision (or order) herein
sought to be reviewed is here attached as ANNEX "A," together with
copies of all pleadings and documents relevant and pertinent thereto.

WHEREFORE, It is respectfully prayed that a writ of certiorari

be issued, ordering the proceedings herein complained to be
forthwith certified upon for review (with prayer for a preliminary writ
of injunction as the case may be, for the protection of the rights of
petitioner pending such proceedings), and after due hearing, let
judgment be rendered annulling or modifying the proceeding if (the
defendant tribunal, board or officer) as the law requires, with costs.

Incidental reliefs as law and justice may require are likewise

prayed for.

(Veneue, date, signature)

(VERIFICATION /CERTIFICATION OF NON-FORUM SHOPPING)