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[ G.R. No. 136915. February 17, 1999]

SPS. CELSO A. FERNANDEZ, et al. vs. DEV'T BANK OF THE PHILS.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136915 (Spouses Celso A. Fernandez and Fe Villanueva-Fernandez, et al. vs. Development Bank of the Philippines.)

Pursuant to Rule 45 and other related provisions of the 1997 Rules of Civil Procedure 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 submit an affidavit of service of a copy of the petition on the Court of Appeals containing a full statement of the date of such service in accordance with Sections 3 and 5, Rule 45 and Section 13, Rule 13, in relation to Section 5 (d), Rule 56; and

(b) to submit a certification on non-forum shopping which contains an undertaking to inform this Court of the filing or pendency of a similar action before this Court, the Court of Appeals, or in the different divisions thereof, or any other tribunal or agency within five (5) days from knowledge thereof pursuant to Section 4 (e); Rule 45 in relation to Section 5, Rule 7, Sections 4 and 5 (d), Rule 56, and the second paragraph of Section 2, Rule 42.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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