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[ G.R. No. 136479. February 8, 1999]

EMETERIO A. EMBAT vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 8, 1999.

G.R. No. 136479 (Emeterio A. Embat vs. National Labor Relations Commission, et al.)

Acting on the petition for certiorari, the Court RESOLVES to DISMISS the same to Section 3, Rule 65, Section 3, Rule 46 in relation to Section 2, Rule 56, and Section 5, Rule 7 of the 1997 Rules of Civil Procedure, petitioner having failed to submit a certification duly executed by himself, that no other action or proceeding involving the same issues raised in this case has been filed or is pending before this Court, the Court of Appeals or any other tribunal of agency, and Section 2, Rule 65 and Section 3, Rule 46 in relation to Section 2, Rule 56, as petitioner likewise failed to attach to the petition a complete duplicate original or certified true copy of the assailed resolution of the National Labor Relations Commission; besides, the affidavit of service of copies of the petition on respondents is not in accord with Section 13, Rule 13, and therefore ineffectual, since the same was subscribed and sworn to on December 21, 1998 but service was actually done on December 22, 1998.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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