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[ G.R. No. 135909. February 1, 1999]

EDWIN CRUZ vs. PEOPLE OF THE PHLIPPINES.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 1, 1999.

G.R. No. 135909 (Edwin Cruz vs. People of the Philippines.)

Acting on the petition for review on certiorari dated November 28, 1998, the Court RESOLVES to DENY the same pursuant to Section 5 (a), Rule 56 of the 1997 Rules of Civil Procedure, petitioner having failed to take the appeal within the reglementary period provided in Section 2, Rule 45 of the same Rules, in view of the denial of his motion for extension of time to file the petition in the resolution of November 25, 1998, and pursuant to Sections 4 and 5, Rule 45, in relation to Section 5 (d), Rule 56 petitioner having failed to submit a certification, duly executed by him, 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 any other tribunal or agency; besides, he likewise failed to submit the proof of the alleged personal service of a copy of the petition on the Court of Appeals as required by Sections 3 and 5, Rule 45 in relation to Section 5 (d), Rule 56 and Section 13, Rule 13 of the same Rules.

Petitioner's motion for reconsideration of the aforesaid resolution of November 25, 1998 is DENIED with FINALITY, no compelling reason having been adduced to warrant the reconsideration sought.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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