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[ G.R. No. 135353. January 18, 1999]

EMETERIO MINDANAO vs. PEOPLE OF THE PHILIPPINES, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18, 1999.

G.R. No. 135353 (Emeterio Mindanao vs. People of the Philippines and Court of Appeals.)

Acting on the petition for review on certiorari of the decision dated May 27, 1998 of the Court of Appeals in CA-G.R. CR No. 17395, the Court Resolved to DENY the petition for having posted late on September 23, 1998, as petitioner's motion for extension of fifteen (15) days from the expiration of the reglementary period within which to file the petition was denied in the resolution of October 19, 1998 and the reglementary period within which to file the petition expired September 8, 1998, counsel for petitioner having received a copy of the resolution denying petitioner's motion for reconsideration of the assailed decision on August 24, 1998.

Also, the petition failed to comply with Section 11, Rule 13, of the 1997 Rules of Civil Procedure, quoted as follows:

"Sec. 11. Priorities in modes of service and filing. - Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule may be cause to consider the paper as not filed."

Very truly yours,

JULIETA Y. CARREON

Clerk of Court

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