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[ G.R. No. 136918. July 12, 1999]

SAMLOEN PIMENTEL, SR. vs. HON. JUDGE RESTITUTO AGUILAR, ETC. et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 12, 1999.

G.R. No. 136918 (Samloen Pimentel, Sr. vs. Hon. Judge Restituto Aguilar, etc. and the Court of Appeals.)

In accordance with Rule 45 in relation to Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing appeals by certiorari to the Supreme Court, only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DENY the petition for review on certiorari with prayer for restraining order and/or preliminary injunction for failure to:

(a) take the appeal within the reglementary period of fifteen (15) days in accordance with Section 2, Rule 45 in relation to Section 5(a), Rule 56, in view of the denial of petitioner's motions for first to third extension of time to file petition in the resolutions of 17 February 1999 and 14 April 1999;

(b) submit with the petition a clearly legible duplicate original or certified true copy of the questioned decision of the Court of Appeals in accordance with Sections 4 (d) and 5, Rule 45 in relation to Section 5 (d), Rule 56;

(c) state the material date of receipt of the questioned decision of the Court of Appeals in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56;

(d) give a written explanation why service of copies of the petition on respondents and on the Court of Appeals was not done personally, as a consequence of which the petition is deemed as not filed in accordance with Section 11, Rule 13 in relation to Section 3, Rule 45 and Section 5(d), Rule 56;

(e) submit 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, or in different divisions thereof, or any other tribunal or quasi-judicial agency, with the undertaking to inform the Court of any similar case filed or pending in any court or quasi-judicial agency that may thereafter come to his knowledge in accordance with Section 4(e), Rule 45 in relation to Section 5, Rule 7, Section 2, Rule 42 and Sections 4 and 5(d), Rule 56; and

(f) implead the People of the Philippines as respondent and serve copy of the petition on the Solicitor General in accordance with Section 4, Rule 13 in relation to Section 3, Rule 45, and Section 5(d), Rule 56 of the Rules.

The urgent manifestation and motion of petitioner for reconsideration of the resolution of 17 February 1999 which denied his motion for extension of time to file petition is DENIED with FINALITY for lack of compelling reason to warrant the reconsideration sought, and his urgent motion dated 20 May 1999 for the issuance of a temporary restraining order and urgent manifestation and motion for fourth extension of seven (7) days from 4 May 1999 within which to file petition are NOTED WITHOUT ACTION.

No further pleadings or motions shall be entertained in this case.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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