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[ G.R. No. 138807. August 30, 1999]

AMELITA VILLAROSA vs. OFFICE OF THE OMBUDSMAN, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated AUG 30, 1999.

G.R. No. 138807 (Amelita Villarosa vs. The Office of the Ombudsman, et al.)

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 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) take the appeal within the reglementary period of fifteen (15) days in accordance with Section 2, Rule 45 in relation to Section 5(a), Rule 56, in view of the denial of the motion for extension of time to file petition in the resolution of 19 July 1999;

(b) state the material date of filing of her motion for reconsideration of the questioned decision of the Ombudsman in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(c) submit a certification, duly executed by petitioner herself, that no other action or proceeding involving the same issues raised in this case has been filed or is pending before this Court, the Court of Appeals, or in the different divisions thereof, or any other tribunal or quasi-judicial agency, with the undertaking to inform the Court of any similar case filed or pending in any court or quasi-judicial agency that may thereafter come to her knowledge in accordance with Section 5, Rule 7, Section 4(e), Rule 45 in relation to Section 2, Rule 42, and Sections 4 and 5(d), rule 56.

In any event; even if the petition were filed on time and the aforesaid requirements were complied with, the petition shall nevertheless be denied pursuant to A.M. No. 99-2-02-SC which mandates the denial of any appeal by way of petition for review form a decision or final resolution of the Ombudsman in administrative cases filed with the Court after 15 March 1999 in light of the decision in Fabian vs. Ombudsman (G.R. No. 129742, 16 September 1998).

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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