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[ G.R. No. 138332. July 21, 1999]

CIRILO COHITMINGAO vs. LAMBERTO HIBAYA.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 21, 1999.

G.R. No. 138332 (Cirilo Cohitmingao vs. Lamberto Hibaya.)

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) state the material date of filing of the motion for reconsideration of the assailed decision of the Court of Appeals in accordance with Section 4 (b), Rule 45, in relation to Section 5 (d), Rule 56;

b) attach a certification against forum shopping duly signed and executed by petitioner himself in accordance with Section 5, Rule 7, Section 4 (e), Rule 45 and Section 2, Rule 42 in relation to Section 5 (d), Rule 56; and

c) submit an affidavit of service of copies of the petition on respondent and on the Court of Appeals executed and sworn to by the party serving after the date of actual service in accordance with Section 13, Rule 13 and Section 3, Rule 45 in relation to Section 5 (d), Rule 56.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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