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[ G.R. No. 136435. February 15, 1999]

TERESITA NICASIO vs. HON. JUDGE VIRGILIO N. JIRO, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 15, 1999.

G.R. No. 136435 (Teresita Nicasio vs. Hon. Judge Virgilio N. Jiro, Municipal Trial Court, Branch XV, Manila, et al.)

Acting on the petition for certiorari and prohibition with prayer for preliminary injunction and/or restraining order, the Court RESOLVES to DISMISS the same for failure to adduce any compelling reason to warrant petitioner's disregard of judicial hierarchy in accordance with Section 4, Rule 65 of the 1997 Rules of Civil Procedure and for this Court to assume jurisdiction over the case in the first instance.

Moreover, the petition is likewise dismissible pursuant to Section 3, Rule 46 in relation to Section 2, Rule 56 of the 1997 Rules of Civil Procedure, as petitioner failed to submit an affidavit of service of copies of the petition on private respondent and on the Municipal Trial Court, and a verified statement of the date of receipt of the questioned decision and order dated September 7, 1998. Additionally, the petition is insufficient in form pursuant to Section 4, Rule 7 of the same Rules since the verification was based on affiant's "personal knowledge, information and belief" for which lack of a proper verification, the petition is treated as an unsigned pleading, which under Section 3, Rule 7, produces no legal effect.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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