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[ G.R. No. 136047. February 1, 1999]

FORTUNATO ESTEBAN, et al. vs. RAUL ANGELES, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136047 (Fortunato Esteban, et al. vs. Raul Angeles, et al.)

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same pursuant to Section 5 (a) and (d), Rule 56 in relation to Section 5, Rule 45 of the 1997 Rules of Civil Procedure, petitioners having failed to take the appeal within the reglementary period provided in Section 2, Rule 45, in view of the denial of their motion for extension of time to file the petition in the resolution of December 7, 1998, and Section 13, - Rule 13 in relation to Section 3, Rule 45 of the said Rules, as they likewise failed to submit a duly accomplished affidavit of service of a copy of the petition on the respondent clearly indicating the date and place of such by mail as well as to promptly serve a copy of the petition on the Court of Appeals.

Accordingly, the manifestation of petitioner's counsel dated December 11, 1998 stating that he filed the petition on December 10, 1998 and that a copy thereof was personally served on the Court of Appeals with prayer that the additional copies of the petition be admitted and the certification issued by Olimpia V. Trambulo, Chief, Receiving Section, Court of Appeals, dated December 14, 1998, acknowledging receipt of a copy of the aforesaid petition are both NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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