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[ G.R. No. 136268. February 24, 1999]

RAMON CERENO, et al., vs. JESUS MIRANDILLA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 24, 1999.

G.R. No. 136268 (Ramon Cereno and Estela Fermo Andrade vs. Jesus Mirandilla and Emerenciana Mirandilla, et al.)

The motion of petitioner for an extension of thirty (30) days from November 26, 1998 within which to file petition for review on certiorari is DENIED for failure to serve copy of the motion on the Court of Appeals and to submit an affidavit of service of copies thereof on respondents as required in Sections 4 and 13, Rule 13 of the 1997 Rules of Civil Procedure as amended.

In accordance with Rule 45 in relation to Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure as amended governing appeals by certiorari to the Supreme Court, only petitions which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DENY the petition for review on certiorari for failure of petitioners:

(a) to file the petition within the reglementary period of fifteen (15) days provided in Section 2, Rule 45 in relation to Section 5 (a), Rule 56; and

(b) to submit a verified statement of the dates of receipt of the questioned decision of the Court of Appeals and of the filing of the motion for reconsideration of the aforesaid decision pursuant to Section 4 (b) and 5, Rule 45 in relation to Section 5 (d), Rule 56.

Accordingly, petitioners' clarification of their motion for extension of time to file the aforesaid petition stating that the requested period of thirty (30) days extension should commence on December 2, 1998 is NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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