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[ G.R. No. 136443. February 15, 1999]

REGINALDO CABURNIDA vs. PEOPLE OF THE PHILIPPINES.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 15, 1999.

G.R. No. 136443 (Reginaldo Caburnida vs. People of the Philippines.)

The motion of petitioner for an extension of thirty (30) days from December 19, 1998 within which to file a petition for review on certiorari is GRANTED.

Acting on the aforesaid petition for review on certiorari, the Court RESOLVES to DENY the same for being insufficient in form since the verification merely stated that the allegations in the petition are true and correct without stating the basis thereof in accordance with Section 4, Rule 7 of the 1997 Rules of Civil Procedure and , accordingly, in view of this lack of a proper verification, the petition is treated as an unsigned pleading, which under Section 3, Rule 7, produces no legal effect. At any rate, even if the petition were properly verified, it would nevertheless be denied for failure to show that respondent Court of Appeals committed a reversible error in its questioned judgment as to warrant the exercise by this Court of its discretionary appellate jurisdiction in this case.

The manifestations of petitioner, dated December 29, 1998 requesting that his motion for extension of time to file the petition be deemed to have been filed on time, and dated February 10, 1999, praying that the thereto attached amended verification of the petition be admitted, are NOTED.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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