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[ G.R. No. 137572. July 5, 1999]

REPUBLIC OF THE PHILS. vs. C.T. TORRES ENTERPRISES.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 5, 1999.

G.R. No. 137572 (Republic of the Philippines, represented by Department of Interior and Local Government vs. C.T. Torres Enterprises.)

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 for failure to:

(a) submit an affidavit of service of copies of the petition on respondent, the Court of Appeals and on the Regional Trial Court, Branch 47, Bacolod City, excuted by the party serving containing a full statement of the date, place and manner of service in accordance with Section 13, Rule 13 in relation to Section 3, Rule 46 and Section 2, Rule 56;

(b) submit 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; and

(c) submit a certification, duly executed by petitioner itself, 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 the 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 its knowledge in accordance with Section 5, Rule 7, Section 4 (a), Rule 45 in relation to Section 2, Rule 42, and Sections 4 and 5(d), Rule 56.

Accordingly, the comment/opposition of respondent dated 2 June 1999 to aforesaid petition for review on certiorari is NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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