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[ G.R. No. 138817. September 1, 1999]

JOCELYN TRAJANO vs. BANCO FILIPINO SAVINGS & MORTGAGE BANK, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138817 (Jocelyn Trajano also known as Jocelyn Baltazar vs. Banco Filipino Savings and Mortgage Bank, et al.)

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 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 failure petitioner's failure to:

a) give a written explanation on why service of the aforesaid petition on respondents and on the Court of Appeals 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; and

b) submit a certification against forum shopping duly signed and executed by petitioner herself 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.

The motion of petitioner to admit the attached explanation of non-personal service of the petition on respondents and on the Court of Appeals and corrected copy of the affidavit of service is NOTED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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