ChanRobles Virtual law Library

[ G.R. No. 138563. September 8, 1999]

IGOT vs. SAN PEDRO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 8 1999.

G.R. No. 138563 (Leonardo B. Igot vs. Nelson T. San Pedro.)

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 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;

b) pay the amount of P20.00 as balance of the deposit for cots and clerk's commission in violation of Section 3, Rule 45 in relation to Section 5 (c), Rule 56;

c) verify the petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 45 as a consequence of which said petition is treated as an unsigned pleadings which under Section 3, Rule 7, produces no legal effect;

d) submit a verified statement of material dated to Sections 4 (b) and 5, rule 45 in relation to Section 5 (d), rule 56;

e) attach a sworn certification against forum shopping executed by petitioner himself as required by Section 4 (e), Rule 45 in relation to Section 5, Rule 7, Sections 4 and 5 (d), rule 56, and the second paragraph of Section 2, Rule 42;

f)serve a copy of the petition on the Court of Appeals in accordance with Section 3, Rule 45 in relation to Section 5 (d), Rule 56;

g) submit an affidavit of service of copies of the petition on respondent pursuant to Section 13, Rule 13, and Sections 3 and 5, Rule 45 in relation to Section 5 (d), Rule 56; and

h) give a written explanation on why the filing of the aforesaid petition was not done personally, as a consequence of which the same is deemed as not filed pursuant to Section 11, Rule 13 in relation to Section 3, Rule 45 and Section 5 (d), Rule 56.

The letter of counsel for petitioner dated 15 July 1999 requesting a copy of the resolution on his motion for extension of time to file aforesaid petition which he filed by registered mail on 03 May 1999 is NOTED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE