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[ G.R. No. 136436. January 27, 1999]

MARIETTA B. EVANGELISTA vs. SPS. NOEL & MA. LOURDES BENOSA

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 27, 1999.

G.R. No. 136436 (Marietta B. Evangelista, represented by Mamerto Evangelista vs. Spouses Noel and Ma. Lourdes Benosa.)

Acting on the "Petition for Certiorari and in Alternative, Re-trial Before Proper Lower with Preliminary Injunction and/or a Temporary Restraining Order", of the decision dated August 7, 1998 of the Court of Appeals in CA-G.R. SP No. 47029, the Court Resolved to DISMISS the petition, as a petition for certiorari is not a substitute for a lost remedy of appeal.

In any event, if this case is treated as a petition for review on certiorari under Rule 45 of the Rules of Court, the same would still be dismissed for having been filed late on December 17, 1998 as the reglementary period within which to file the same expired November 3, 1998, counsel for petitioner having received a copy of the resolution denying petitioner's motion for reconsideration of the assailed decision on October 19, 1998.

Very truly yours,

JULIETA Y. CARREON

Clerk of Court

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