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[ G.R. No. 138132. July 19, 1999]

YARD URBAN HOMEOWNERS ASSN., et al vs. MELENCIO TY, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 19, 1999.

G.R. No. 138132(Yard Urban Homeowners Association et al. vs. Melecio Ty, 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 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:

(a) failure to serve copy of the petition on the Court of Appeals in accordance with Section 4, Rule 13 in relation to Section 3, Rule 45 and Section 5(d), Rule 56; and

(b) failure to give a written explanation why the filing of the petition with this Court 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 5(d), Rule 56.

Petitioner is informed that he may CLAIM from the Collecting and Disbursing Officer of this Court the amount of P278.00 as excess payment of the prescribed legal fees under O.R. No. 10242926 dated 28 April 1999.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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