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[ G.R. No. 136187. January 18, 1999]

DEMETRIO PIKIEDE, et al. vs. COURT OF APPEALS, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136187 (Demetrio Pikiede, et al. vs. Court of Appeals, et al.)

In accordance with the provisions of Rule 45 governing appeals by certiorari to the Supreme Court, and Rule 65, in relations 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 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 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 a 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 DISMISS the petition for certiorari for non-compliance with the above-mentioned requirement nos. 2 and 5, the affidavit of service of a copy of the petition on the respondent being defective and ineffectual since the alleged date of service of the petition and the date of execution are in conflict with the actual date of mailing and the petitioners having failed to include in their certification on non-forum shopping an undertaking to promptly inform the Court should he learn thereafter that a similar action has been filed or is pending before the courts or any other tribunal or agency.

Accordingly, petitioners' motion dated January 8, 1998 for the issuance of a temporary restraining order is NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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