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[ G.R. No. 135273. January 18, 1999]

PERCIVAL G. CRISOSTOMO vs. AMERICAN EXPRESS INT'L , INC.

SECOND DIVISION

Gentlemen:

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

G.R. No. 135273 (Percival G. Crisostomo vs. American Express International , Inc.)

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 petitioners 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 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 of parties and on the 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 of the official authorized to do so;

4. a verified statement indicating the material dates when notice of the judgment, final order or resolution was recovered, 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 issues 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 DENY the petition for review on certiorari for non-compliance with the above-mentioned requirement no. 2, the affidavit of service of copies of the petition on the respondents being not in accord with Section 13, Rule 13 in relation to Section 3, Rule 45 both of the 1997 Rules of Civil Procedure since it failed to state the place of such service by registered mail; besides, the petition was filed late on October 16, 1998, due date being September 17, 1998 in view of the denial of petitioner's motion for extension of time to file said petition in the resolution of October 19, 1998.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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