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[ G.R. No. 135815. February 17, 1999]

ESTINO INTOMAN vs. SPS. FELIX CALAVIA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 17, 1999.

G.R. No. 135815 (Estino Intoman vs. Spouses Felix and Sergia Calavia, et al.)

Pursuant to Rule 45 and other related provisions of the 1997 Rules of Civil Procedure governing appeals by certiorari to the Supreme Court, only petitions which comply strictly with the requirements specified thereof, the Court RESOLVES to DENY the petition for review on certiorari for failure of petitioner to:

(a) file the petition within the fifteen-day reglementary period fixed in Section 2, Rule 45 in relation to Section 5 (a) of Rule 56, in time to file the petition in the resolution of November 23, 1998;

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

(c) accompany the petition with clearly legible duplicate original or certified true copies if the questioned decision and resolution of the Court of Appeals pursuant to Section 4 (d) and 5, Rule 45 in relation to Section 5 (d0, Rule 56; and

(d) attach a sworn certification, duly executed by petitioner himself, 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 in the different divisions thereof, or nay other tribunal or agency, and that should he thereafter learn of the filing or pendency of a similar action before this Court, the Court of Appeals, or in the different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the Court thereof in accordance with 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.

Accordingly, the motion of petitioner for reconsideration of the resolution of November 23, 1998 denying his for extension of time to file the aforesaid petition is NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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