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[ G.R. No. 136800. February 15, 1999]

ANTONIO E. PORCALLA vs. RITA RAS Y SUBONG.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136800 (Antonio E. Porcalla vs. Rita Ras y Subong.)

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same pursuant to Sections 4 (b) and 5, Rule 45 in relation to Section 5 (d), Rule 56 of the 1997 Rules of Civil Procedure, petitioner having failed to state the material dates of receipt of the assailed decision and of the filing of the motion for reconsideration of the said decision before the Court of Appeals. At any rate, even if the said requirement were complied with, the petition would nevertheless be denied for failure to sufficiently show that the Court of Appeals committed any reversible error in the questioned judgment as to warrant the exercise by this Court of its discretionary appellate jurisdiction in this case.

The petitioner is informed that he may CLAIM from the Collecting and Disbursing Officer of this Court the amount of P378.00 as excess payment of the prescribed legal fees under O.R. No. 10242039 dated January 12, 1999.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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