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[ G.R. No. 138230. July 14, 1999]

EMP TRANSPORT CORP. et al. vs. DR. ANTONIO BAUTISTA, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138230 (EMP Transport Corp. and Cecilio Balidio vs. Dr. Antonio Bautista and David Sta. Romana.)

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

b) give a written explanation why service of aforesaid petition on respondent was not done personally, as a consequence of which the same is deemed as not filed, pursuant to Section 11, Rule 13 in relation to Section 5 (d), Rule 56; and

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

At any rate, even if the said requirements were complied with, the petition would nevertheless be denied, the issues raised being essentially factual, and there being no showing of extraordinary circumstance justifying a departure from the established doctrine that findings of facts of the Court of Appeals are well-high conclusive on this Court and will not be reviewed or disturbed on appeal.

The manifestation of counsel for petitioners dated 02 June 1999 submitting therewith duplicate original copies of the resolutions of the Court of Appeals dated 08 March 1999 and 21 April 1999 which were inadvertently not attached to the aforesaid petition is NOTED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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