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[ G.R. No. 137719. July 5, 1999]

MANIFOLD CONST. ENTERPRISES, INC. vs. CA, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 137719 (Manifold Construction Enterprises, Inc. vs. Court of Appeals, et al.)

In accordance with Rule 65 in relation to Rule 46, Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing petitions for certiorari, prohibition and mandamus filed with 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 DISMISS the petition for certiorari for:

(a) failure to file the petition within the period fixed in Section 4, Rule 65, in view of the resolution of 25 April 1999 which granted petitioner an extension of fifteen (15) days only, instead of thirty (30) days as prayed for, from 20 March 1999;

(b) being insufficient in form due to lack of proper verification of the petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 56, since the verification was based on petitioner's "knowledge and information," as a consequence of which the petition is treated as an unsigned pleading, which under Section 3, Rule 7, produces no legal effect; and

(c) being a wrong remedy, the proper recourse being a petition for review on certiorari under Rule 45 of the Rules.

Accordingly, the urgent motion of petitioner for second extension of fifteen (15) days from 20 April 1999 within which to file aforesaid petition is DENIED, and the motion of private respondent dated 7 June 1999 to dismiss the petition for certiorari is NOTED WITHOUT ACTION

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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