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[ G.R. No. 138037. July 14, 1999]

LITO CLARO vs. PAULINA MARTIN AGUILAR, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 14, 1999.

G.R. No. 138037 (Lito Claro vs. Paulina Martin Aguilar, et al.)

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 petitioner's failure to:

a) submit a sworn certification against forum shopping, duly signed and executed by petitioner himself, with an undertaking to inform the Court of any similar action filed with or pending before this Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, within five (5) days from knowledge of such action in accordance with Section 5, Rule 7, Section 4 (e), Rule 45 in relation to Section 2, Rule 42 in relation to Section 5 (d), Rule 56; and

b) properly verify the petition as affiant did not state that the allegations therein are true and correct of his own knowledge in accordance with Section 4, Rule 7 in relation to Section 1, Rule 45, as a consequence of which the said petition is treated as an unsigned pleading which, under Section 3, Rule 7, produces no legal effect.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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