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[ G.R. No. 138819. July 14, 1999]

RAYMUNDO M. BELUAN, JR. vs. REP. OF THE PHILS., et al.

SECOND DIVISION

Gentlemen,

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

G.R. No. 138819 (Raymundo M. Beluan, Jr. vs. Republic of the Philippines, 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 comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DISMISS the petition and amended petition for certiorari and mandamus for petitioner's failure to:

a) attach a clearly legible duplicate original or certified true copy of the assailed decision of the Sandiganbayan in accordance with Section 1, Rule 65, and Section 3, Rule 46 in relation to Section 2, Rule 56;

b) submit a sworn certification against forum shopping duly signed and executed by petitioner himself pursuant to Section 5, Rule 7, Section 1, Rule 65, Section 3, Rule 46 in relation to Section 2, Rule 56; and

c) properly verify the amended petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 65, as a consequence of which the amended petition is treated as an unsigned pleading which under Section 3, Rule 7, produces no legal effect.

At any rate, even if the said requirements were complied with, the petition and amended petition would nevertheless be dismissed, there being no sufficient showing that any grave abuse of discretion was committed by the Sandiganbayan in rendering the assailed decision which, on the contrary, appears to be in accord with the facts and the applicable law and jurisprudence.

The manifestation of petitioner's counsel dated 25 June 1999 submitting therewith the attached "Acknowledgment, Ratification and Confirmation" executed by petitioner ratifying and confirming his counsel's certification against forum shopping in the petitions is NOTED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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