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[ G.R. No. 135206. January 18, 1999]

GRANDEUR RECORDS & TAPES INT'L CORP., et al. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18, 1999.

G.R. No. 135206 (Grandeur Records and Tapes International Corporation, Mr. Sebastian C. Balboa vs. National Labor Relations Commission, et al.)

In accordance with the provisions of Rule 45 governing appeals by certiorari to the Supreme Court, and Rule 65, in relation to Rules 46 and 56, governing petitions for certiorari, prohibition and mandamus, as amended and provided in the 1997 Rules of Civil Procedure effective July 1, 1997, only petitions which are accompanied by or which comply strictly with the following requirements shall be entertained:

1. full payment upon the filing of the petition of the prescribed docket and other lawful fees, together with the deposit for costs, within the reglementary period, unless the petitioner has theretofore done so:

2. appropriate service of a copy of the petition upon the adverse party or parties and on lower court, tribunal, agency or entity concerned, with the required proof of service thereof;

3. a clearly legible duplicate original, or a certified true copy of the judgment, final order or resolution certified by the clerk of court of the court a quo or the official authorized to do so;

4. a verified statement indicating the material dates when notice of the judgment, final order or resolution was received, when a motion for new trial or reconsideration, if any, was filed, and when notice of the denial thereof was received; and

5. a certification under oath by petitioner that he has not theretofore commenced any other action involving the same in the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

On the basis of the foregoing, the Court RESOLVES to DISMISS the petition for certiorari for non-compliance with the above-mentioned requirement no. 4, the petitioner having failed to submit a verified statement of the date of filing of its motion for reconsideration of the assailed decision before the National Labor Relations Commission; besides, the petition was filed late in view of the denial of petitioner's second motion for extension of time to file the petition in the resolution of November 16, 1998, and is insufficient in form pursuant to Section 4, Rule 7 of the 1997 Rules of Civil Procedure since the verification was based on affiant's "personal knowledge and information"; accordingly, in view of this lack of a proper verification, the petition shall be treated as an unsigned pleading which under Section 3, Rule 7, produces no legal effect.

The motion of the petitioner for leave to admit the foregoing petition for certiorari is DENIED for lack of merit.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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