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[ G.R. No. 138110. July 14, 1999]

ROSALINDA KUMAR, et al. vs. LAOENTENG COMPANY.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138110 (Rosalinda Kumar, et al. vs. Laoenteng Company.)

The motion of petitioners for third extension of fifteen (15) days from 26 May 1999 within which to file petition for review on certiorari is NOTED WITHOUT ACTION, petitioners first and second motions for extension having been denied in the resolution of May 17, 1999. Moreover, petitioners failed to serve a copy of the instant motion on the Court of Appeals in accordance with Section 4, Rule 13 and Section 2, Rule 45 of the 1997 Rules of Civil Procedure, as amended.

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 petitioners' failure to:

a) submit a verified statement of material dates in accordance with Sections 4 (b) and 5, Rule 45 in relation to Section 5 (d), Rule 56;

b) attach a sworn certification against forum shopping duly singed and executed by petitioners themselves, 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 and Section 5 (d), Rule 56; and

c) submit a clearly legible duplicate original or certified true copy of the assailed decision/resolution of the Court of Appeals in accordance with Sections 4(d) and 5, Rule 45 in relation to Section 5 [d], Rule 56.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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