ChanRobles Virtual law Library

[ G.R. No. 139091. August 4, 1999]

ABELARDO BAUTISTA vs. PEOPLE OF THE PHILIPPINES.

SECOND DIVISION

Gentlemen:

Quoted hereunder for your information, is a resolution of this Court dated AUG 4, 1999.

G.R. No. 139091 (Abelardo Bautista vs. People of the Philippines.)

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 which 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 being a wrong remedy, the proper recourse being an appeal by filing a notice of appeal with fifteen (15) days from date of promulgation of judgment, with the court which rendered the said judgment, in accordance with Sections 1, 3 and 6, Rule 122 of the Revised Rules on Criminal Procedure, as well as for petitioner's failure to submit a certification against forum shopping duly signed and executed by petitioner himself in accordance with Section 5, Rule 7, Section 4 (e), Rule 45 and Section 2, Rule 42 in relation to Sections 4 and 5 (d), Rule 56 of the aforesaid Rules of Civil Procedure.

At any rate, even if the petition were treated as a notice of appeal, the same would nevertheless be dismissed for filing.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS
Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE