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[ G.R. No. 136465. February 3, 1999]

BISIG AT LAKAS NG MANGGAGAWA SA ASIA BREWERY vs. ASIA BREWERY, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution, of this Court dated FEB 3, 1999.

G.R. No. 136465 (Bisig at Lakas ng Manggagawa sa Asia Brewery (BLMA), Inc. vs. Asia Brewery, Inc. and Court of Appeals.)

The Court Resolved to DISMISS the petition for the petition is evidently used as a substitute for the lost remedy of appeal.

Petitioner seeks a review of the Court of Appeals' decision in CA-G.R. SP No. 44340 dated 22 June 1998 and its Resolution dated 28 October 1998, denying the motion for reconsideration of said decision. As the questioned resolution of the Court of Appeals is clearly a final order, the proper remedy would be a resort to this Court through an appeal under Rule 45 of the 1997 Rules of Court and not through a petition for Certiorari under Rules 65. Petitioner received the Resolution denying the Motion for Reconsideration on 5 November 1998, thus he had until 20 November 1998 to file an appeal. The petitioner, instead, filed this petition for Certiorari under Rule 65 on 22 December 1998.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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