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[ G.R. No. 135120. January 13, 1999]

DAVID J. GUTANG vs. PEOPLE OF THE PHILIPPINES.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 13, 1999.

G.R. No. 135120 (David J. Gutang vs. People of the Philippines.)

Acting on the motion of the petitioner for reconsideration of the resolution of October 5, 1998 which denied his motion for an extension of time to file a petition for review on certiorari for non-compliance with Section 13, Rule 13, in relation to Section 2, Rule 45 of the 1997 Rules of Civil Procedure, the Court RESOLVED to DENY the same with FINALITY, no compelling reason having been adduced to warrant the reconsideration sought; besides, the proof of service of the aforesaid motion for extension is defective as the affidavit of service was notarized on a dated (September 3, 1998) before actual service (September 7, 1998), and moreover, the aforesaid petition was already dismissed in the resolution of November 18, 1998 for late filing and for petitioner's failure to include in his certification on non-forum shopping an undertaking to notify this Court of any similar action or proceeding which may be filed or pending before this Court, the Court of Appeals or any other tribunal or agency within five (5) days from the time he learns of the same.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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