Republic of the Philippines

Fourteenth (14th) Division

OCTAVIO S.J. DELA CRUZ Appellant, Manila

Court of Appeals

CA-G.R. No. 97816

-versusROSEMARIE STA. ANA-DELA CRUZ Appellee. x------------------------------x

COMPLIANCE
Appellant, most respectfully avers: On October 15, 2012, appellant received the October 1, 2012 resolution of this Honorable Court ordering her to show cause why her Appellants Brief should not be expunged from the record for failure to submit proof that copies of said brief were actually received by Atty. Job Florante Castillo and the Office of the Solicitor General; Appellant has ten (10) days to comply with said order. This is filed on October __, 2012, well-within the prescribed period; In compliance with said order, appellant attaches the following Philippine Postal Corporation Return Slips (Form No.1548) to prove that indeed, copies of the Appellants Brief have been duly furnished and received by the adverse parties:
1. To the Office of the Solicitor General; 134 Amorsolo

Street,

Legaspi

Village,

Makati

City;

Return

Slip

numbered 764 (marked as Annex A);

2. To appellee Octavio S.J. dela Cruz, through counsel Atty.

Job Florante Castillo; Suite 903, 9th Floor, OMM Citra

Building, 39 San Miguel Avenue, Ortigas Center, Pasig City; Return Slip numbered 765 (marked as Annex B); We beg the indulgence of this Honorable Court to rule that appellants brief should not be expunged from the record. Our failure to submit proof of receipt was made by mere inadvertence and with absolutely no intent to delay the proceedings or to obstruct the duty of this Honorable Court to speedily dispose of this case. Respectfully submitted this October ___, 2012; Quezon City for
Manila.

By:

PETER A. GONZALES Supervising Lawyer Roll of Attorneys No. 46385 MCLE No. III-0011305 IBP No. 852447/05-Jan-2012/Bulacan PTR No. 70475/06-Jan-2012/Bocaue, Bulacan

JOSEPH GO III Law Intern

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PROOF OF SERVICE AND EXPLANATION I, JAMES EDWARD CACERES, after having been sworn to in accordance with law, depose: That I am the messenger of the Go, Balleque, Completano Law Offices, counsel for Appellant Aniceto Mangaser in the above-entitled case; That on November 14, 2011, I have caused to be served by registered mail, in envelopes duly sealed, with return cards, posted at the post office of Cotabato City with instructions to the postmaster to return
2

the same if not delivered within ten (10) days, foregoing Memorandum of Appeal to :

a copy of

the

MS. ROXANNE SINGSON RIGHT EIGHT SECURITY AGENCY, INC . 2/F Manila Memorial Bldg., 2283 Pasong Tamo Ext., Makati City Registry Receipt No .___________ NLRC- 2nd Division PPSTA Bldg, Banawe cor.Florentino Quezon City Registry Receipt No.____________

Sts.,

Explanation pursuant to Sec 11 Rule 13, Rules of Court: Registered Mail Service has been resorted to in furnishing a copy to the defendants due to inconvenience of personal delivery on account of manpower, time and distance constraints.

JAMES EDWARD CACERES Afffiant SUBSCRIBED AND SWORN TO before me this November 14, 2011 at Cotabato City, Philippines. Affiant James Edward Caceres , personally known to the notary public. Doc No. _____ Page No. ____ Book No. ____ Series of 2012