ChanRobles Virtual law Library

[ G.R. No. 136772. February 8, 1999]

AITHOR MARTINEZ vs. PEOPLE OF THE PHILIPPINES, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136772 (Aithor Martinez vs. People of the Philippines, et al.)

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same pursuant to Sections 3, 4 and 5, Rule 45, in relation to Section 5 (d) Rule 56 of the 1997 Rules of Civil Procedure, petitioner having failed to submit an affidavit of service of copies of the petition on respondents in accordance with Section 13, Rule 13, and a certification, duly executed by petitioner 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 of any other tribunal or agency in accordance with Section 4 (e), Rule 45 in relation to Section 5, Rule 7, Sections 4 and 5 (d), Rule 56 and the second paragraph of Section 2, Rule 42 of the aforesaid Rules; besides, the petition is insufficient in form since it lacks a verification as required by Section 1, Rule 45 in relation to Section 4, Rule 7, and therefore treated as an unsigned pleading which, under Section 3, Rule 7, produces no legal effect.

The motion of petitioner for leave to append page 10 containing the certificate of non-forum shopping to the petition for review on certiorari with prayer that the same be favorably considered in determining whether or not to give due course to the petition is DENIED with FINALITY, no compelling reason having been adduced to warrant the relief sought.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE