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[ G.R. No. 138312. July 12, 1999]

VERONICA LARUAN vs. HON. FERNANDO VIL PAMINTUAN, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 12, 1999.

G.R. No. 138312 (Veronica Laruan vs. Hon. Fernando Vil Pamintuan in his capacity as Presiding Judge of the Regional Trial Court, First Judicial Region, Branch 3, 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 failure to give a written explanation why service of copies of the petition on private respondent and on the respondent 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 3, Rule 46 and Section 2(c), Rule 56; besides, the petition is premature as no motion for reconsideration of the assailed order dated 3 May 1999 was filed with respondent court prior to availment of this petition for certiorari and there are no sufficient allegations to bring the case within the recognized exceptions to this rule.

The manifestation of petitioner dated 12 May 1999 submitting a copy of the death certificate of Mrs. Naty Laruan Balagne, sister of petitioner, to complete the documents in support of the motion for reconsideration mentioned in the aforesaid petition is NOTED.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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