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[ G.R. No. 138994. July 21, 1999]

CRIS PAROCHA y MAMON vs. PEOPLE OF THE PHILIPPINES.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138994 (Cris Parocha y Mamon vs. People of the Philippines.)

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 for certiorari for petitioner's failure to:

a) state the material dates of receipt of the assailed Court of Appeals' resolution and of filing of the motion for reconsideration of said resolution in accordance with Section 4, Rule 65 in relation to Section 3; Rule 46 and Section 2, Rule 56; and

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

At any rate, even if the above requirements were complied with, the petition would nevertheless be dismissed for lack of sufficient showing that the Court of Appeals committed grave abuse of discretion in the assailed judgment which, on the contrary, appears to be in accord with the facts and the applicable law and jurisprudence.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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