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[ G.R. No. 131426. February 10, 1999]

MARCELA AGRI & AQUA FARMS, INC. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 10, 1999.

G.R. No. 131426 (Marcela Agri and Aqua Farms, Inc. vs. National Labor Relations Commission, et al.)

The motions of the Solicitor General for fourth and fifth extensions of time totalling sixty (60) days from December 7, 1998 within which to file comment on the petition for certiorari are GRANTED, and the ATTENTION of the Solicitor General is hereby called to the fact that his office has now been given a total extension of one hundred twenty (120) days within which to file the aforesaid comment.

Pursuant to the ruling in St. Martin Funeral Home vs. National Labor Relations Commission, G.R. No. 130866, September 16, 1998, that references in B.P. Blg. 129, �9, as amended by R.A. No. 7902, to supposed appeals from the National Labor Relations Commission to the Court are really to petitions for certiorari under Rule 65 and consequently such petitions should be filed with the Court of Appeals in accordance with the Rule respecting hierarchy of courts, the Court RESOLVES to REFER this case and DIRECT the transmission of the records to the Court of Appeals for proper disposition.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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