[ G.R. No. 134318. January 17, 2000]

DANIEL VASQUEZ vs. CA, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 17, 2000.

G.R. No. 134318 (Daniel Vasquez and Ma. Luisa Vasquez vs. Court of Appeals and AYALA , Corporation.)

This resolves petitioners' Motion 'for Reconsideration; of the Resolution of this Court of September 9, 1998, dismissing their petition for review on certiorari of the decision of the Court of Appeals in CA-G.R. CV No. 52541 for failure to attach duly certified copies of the assailed Resolution and the Resolution denying the motion for reconsideration as required under Rule 65, in relation. to Rules 46 and 56; on petitions for certiorari, prohibition and mandamus, of the 1997 Rules of Civil Procedure, as amended.

Petitioners contend that, as set forth, in subject Resolution of this Court,

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3. a clearly legible duplicate original or a certified true copy of the judgment, final order or resolution certified by the clerk of court of the court a quo or the official authorized to do so;

xxx

must be attached to the petition which means that a certified true copy or legible duplicate original, in the alternative, of the judgment, order or resolution in question, must be attached to the petition.

Petitioners' motion for reconsideration is not impressed with merit. The questioned Resolution of this Court indicated the requirements for both petitions under Rule 45 and under Rule 65. The third requirement cited by petitioners refers to petitions under Rule 45; while the present petition is a special civil action for certiorari under Rule 65 of the Rules of Court, as amended. Under section 1 of Rule 65, a. petition for certiorari must "be accompanied by a certified true copy of the judgment, order or resolution subject thereof", which copy must be attached to the petition itself end, not to any other pleading.

WHEREFORE, for lack of merit, the motion under, consideration is hereby DENIED with finality.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court


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