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[ G.R. No. 138947. September 8, 1999]

ORLANDO A. ROMERO vs. OMERO PRINT, INC.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138947 (Orlando A. Romero vs. Omero Print, Inc.)

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, in view of the denial of the motion for extension of time to file said petition in the resolution of 21 July 1999;

b) 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;

c) give a written explanation on why service of the aforesaid petition on respondent 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.

Moreover, the accompanying affidavit of service of the petition on respondent and the Court of Appeals is nullity, as it violates Section 13, Rule 13 and Section 3 and 5, Rule 45 in relation to Section 5 (d), Rule 56, considering that said affidavit was notarized on 27 July 1999 but actual service per attached registry receipt is dated 28 July 1999.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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