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[ G.R. No. 136101. February 8, 1999]

MA. SOCORRO PANDAY RUBIO, et al. vs. OSCAR J. MONTON, SR.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 8, 1999.

G.R. No. 136101 (Ma. Socorro Panday Rubio, et al. vs. Oscar J. Monton, Sr.)

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same pursuant to Section 3, 4, and 5, Rule 45 in relation to Section 5 (a) and (d), Rule 56 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 9, 1998 and the affidavit of service of a copy of the petition on the Court of Appeals is being misleading and ineffectual since the alleged date of such service on December 2, 1998 is in the conflict with the date of actual mailing on December 3, 1998 as shown in the postal registry, and it does not clearly indicate the place of such service in accordance with Section 13, Rule 13, besides, petitioners likewise failed to submit a written explanation why service of the petition on the Court of Appeals was not done personally as required in Section 11, Rule 13 of the aforesaid Rules.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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