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[ G.R. No. 139138. August 4, 1999]

WILLY TAN, et al. vs. JESUS GUERRERO, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 139138 (Willy Tan, et al. vs. Deputy Ombudsman for Luzon Jesus Guerrero, et al.)

In accordance with the 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 are accompanied by or comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DISMISS the petition for certiorari for petitioners' failure to:

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

b) submit a certification under oath and executed by petitioners themselves 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 agency or tribunal in accordance with 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 requirements were complied with, the petition would nevertheless be dismissed for being premature as petitioner failed to file a motion for reconsideration of the assailed resolution prior to availment of the instant special civil action and there are no sufficient allegations to bring the case within the recognized exceptions to this rule.

Very truly yours,

(Sgd.) TOMASITA MAGAY-DRIS
Clerk of Court

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