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[ G.R. No. 137561. July 5, 1999]

MGE TRANSPORT CORP., et al. vs. CYNTHIA VALDES.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 5, 1999.

G.R. No. 137561 (MGE Transport Corporation, et al. vs. Cynthia Valdes.)

The second ex-parte motion of petitioners for extension of fifteen (15) days from 25 March 1999 within which to file petition for review on certiorari is DENIED for lack of merit and a written explanation for the non-personal service of copies of the motion on respondent and on the Court of Appeals. Moreover, the first motion for extension of time to file petition has bee denied in the resolution of 12 April 1999.

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 failure to:

(a) take the appeal within the reglementary period of fifteen (15) days in accordance with Section 2, Rule 45 in relation to Section 5(a), Rule 56; and

(b) submit with the petition the proof of personal service of copy of the petition on the Court of Appeals in accordance with Section 13, Rule 13 and Sections 3 and 5, Rule 45 in relation to Section 5(d), Rule 56 of the Rules.

Acting on petitioners' motion for reconsideration of the resolution of 12 April 1999 denying their first motion for extension of time to file petition, the Court further RESOLVES to DENY the motion for reconsideration for lack of merit.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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