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[ G.R. No. 136439. February 17, 1999]

ROGELIO LIM vs. PEOPLE OF THE PHILIPPINES.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136439 (Rogelio Lim vs. People of the Philippines.)

The motion of petitioner for an extension of thirty (30) days from December 17, 1998 within which to file petition for review on certiorari is DENIED for lack of an affidavit of service of a copy of the motion on the Solicitor General pursuant to Section 13, Rule 13 in relation to Section 2, Rule 45 of the 1997 Rules of Civil Procedure.

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same for failure to submit with the petition: (a) an affidavit of service of copies of the petition on the Solicitor General and on the Court of Appeals pursuant to Sections 3 and 5, Rule 45, Section 5 (d), Rule 56, and Section 13, Rule 13, and (b) a verified statement of the date of receipt of the decision of the Court of Appeals in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56 of the 1997 Rules of Civil Procedure as amended.

Accordingly, petitioner's motion and belated submission dated January 19, 1999 of the affidavit of service of a copy of the petition on the Solicitor General and the Court of Appeals is NOTED WITHOUT ACTION.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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