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[ G.R. No. 139030. September 29, 1999]

RASALANG vs. ALINGOG

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 29 1999.

G.R. No. 139030 (Florentina Rasalang vs. Roberto Alingog.)

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 petitioners 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 resolution of 26 August 1999 which granted petitioner an extension of only thirty (30) days [not 60 days as prayed for] within which to file said petition;

b) submit an affidavit of service of copies of the petition on respondent and on the Court of Appeals as required by Section 13, Rule 13 and Section 3, Rule 45 in relation to Section 5 (d), Rule 56;

c) attach a certification under oath and executed by petitioners themselves that no other action or proceeding involving the same issues raised in this case has been filed or is pending before this Court, the Court of Appeals, or different divisions thereof, or any other agency or tribunal as required in 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; and

d) 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.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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