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[ G.R. No. 135487. July 28, 1999]

MA. ESTELA MAGSALANG, et al. vs. HEIRS OF CORAZON CABATINGAN, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 28, 1999.

G.R. No. 135487 (Ma. Estela Magsalang, et al vs. The Heirs of Corazon Cabatingan, et al.)

In accordance with Rule 45 in relation to Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing appeals by certiorari to the Supreme Court, only petitions which are accompanied by or 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 petitioners' failure to take the appeal within the extended period granted in the resolution of 04 November 1998 in accordance with Section 2, Rule 45 in relation to Section 5 (a), Rule 56.

Accordingly, petitioners' motion to admit verification of the petition for review on certiorari and certification against forum shopping, and their motion for the issuance of a temporary restraining order are DENIED. The opposition of respondents to aforesaid petitioners' motion for issuance of a temporary restraining order is NOTED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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