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[ G.R. No. 138958. September 8, 1999]

JULITA DE GUZMAN, et al. vs. JUANITA MALLARI

SECOND DIVISION

Gentlemen:

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

G.R. No. 138958 (Julita de Guzman, et al. vs. Juanita Mallari.)

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 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 petitioners' 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) give a written explanation on why the filing and service of the aforesaid petition on respondent and the Court of Appeals were 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 5 (d), Rule 56;

c)submit a certification against forum shopping executed by petitioners themselves 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 Sections 2, Rule 42;

d) 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 pleading which under Section 3; Rule 7, produces no legal effect; and

e) submit a verified statement of the material dates of filing of their motion for reconsideration of the Court of Appeals' decision and of receipt of the resolution denying aforesaid motion in accordance with Section 4 (b) and 5, Rule 45 in relation to Section 5 (d), Rule 56.

The motion of petitioners to admit the aforesaid petition for review on certiorari is DENIED for lack of merit.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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