[ G.R. No. 140987. January 18, 2000]

FIDEL L. ISIP, JR. vs. PEDRO YABUT, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18 2000.

G.R. No. 140987 (Fidel L. Isip, Jr. vs. Pedro Yabut, Juanito T. Matias, Ma. Josieviza F. Paras, Estrelita S. Cunanan and the Commission on Elections.)

In accordance with Rule 65 and other related provisions of the 1997 Rules of Civil Procedure governing petitions for certiorari, prohibition and mandamus filed with 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 DISMISS the instant petition for certiorari for non-compliance therewith, particularly for (a) failure to state material dates showing when notice of judgment, final order or resolution subject of the petition was received, when a motion for reconsideration, if any, was filed and when notice of the denial thereof was received, to show that petition was filed on time pursuant to Section 4, Rule 65 in relation to Section 3(2nd), Rule 46, and (b) being premature as no motion for reconsideration has been filed with the respondent tribunal, board or agency, and there are no sufficient allegations to bring the case within the recognized exceptions (Villarama vs. NLRC, 236 SCRA 280 [1994]; Lasco vs. United Nations Revolving Fund for national Resources Exploration, 241 SCRA 681 [1995]; Philippine National Construction Corp. vs. NLRC, 245 SCRA 668 [1995].

Accordingly, the Court NOTED without action, the (a) Motion to Cite in contempt dated 11 January 2000 filed by private respondent Pedro Yabut, and (b) Ex-Parte Manifestation dated 17 January 2000 filed by respondent Pedro R. Yabut, Jr., informing, thus Court that the Commission on Elections is still hearing the case and in support of the said claim, he us furnishing this Court with a copy of the calendar of the Commission on Elections for this Court's information and ready reference. Pardo, J., no part.

Very truly yours,

LUZVIMINDA PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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