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[ G.R. No. 138528. July 26, 1999]
SANCANCO CANNING CORP. vs. NLRC, ARBITER FELIPE CANIZARES, et al.
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this court dated JUL 26, 1999.
G.R. No. 138528 (Sancanco Canning Corporation vs. National Labor Relations Commission Arbiter Felipe Canizares, 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 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 comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DISMISS the petition for certiorari with prayer for restraining order and/or preliminary injunction for petitioner's failure:
(a) to give written explanation why service of copies of the petition on respondents 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, Rule 56; and
(b) to submit a verified statement of material dates in accordance with Section 4, Rule 65 in relation to Section 3, Rule 46, and Section 2, Rule 56.
Accordingly, the urgent motion of petitioner dated 5 July 1999 to resolve the petition with prayer for the issuance of a temporary restraining order is NOTED WITHOUT ACTION.
Very truly yours,
TOMASITA M. DRIS
Clerk of Court
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