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[ G.R. No. 138766. September 1, 1999]

HEIRS OF QUITERIO F. MIRAVITE vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 1 1999.

G.R. No. 138766 (Heirs of Quiterio F. Miravite vs. Court of Appeals, et al.) and G.R. No. 137396 (Heirs of Quiterio Miravite vs. Spouses Diosdado and Pacita Cuabalejo.)

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 in G.R. No. 138766 for petitioners' failure to properly verify the petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 45, as a consequence of which the said petition is treated as an unsigned pleading which under Section 3, Rule 7, produces no legal effect.

Acting on the motion of petitioners in G.R. No. 137396 for reconsideration of the resolution of June 1999 which denied the petition for review on certiorari for lack of proper verification with prayer for admission of the attached amended petition for review on certiorari, the Court further RESOLVES to DENY the motion with FINALITY, no compelling reason having been attached to warrant the reconsideration sought. Accordingly, the aforesaid amended petition and petitioners' manifestation dated 12 July 1999 stating that G.R. No. 138766 which involves the same subject matter is pending before this Court are NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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