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[ G.R. No. 137546. April 7, 1999]

JOE KUAN, et al. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 7, 1999.

G.R. No. 137546 (Joe Kuan, et al. vs. National Labor Relations Commission, et al.)

In accordance with Rule 65 in relation to Rule 46, Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing petitions for certiorari, prohibition and mandamus filed with the Supreme Court, only petitions which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DISMISS the petition for certiorari for petitioners' failure to give a written explanation why service of copies of the petition on respondents was not done personally as a consequence of which the petition is deemed as not filed in accordance with Section 11, Rule 13 in relation to Section 2(c), Rule 56; besides, it is evident that the instant petition was resorted to as a substitute for the lost remedy of appeal.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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