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[ G.R. No. 137581. July 5, 1999]

ROLANDO C. RAMA vs. RURAL BANK OF MABINI [DAVAO], INC.

SECOND DIVISION

Gentlemen:

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

G.R. No. 137581 (Rolando C. Rama vs. Rural Bank of Mabini [Davao], Inc.)

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 submit with the petition an affidavit of service by registered mail of copies of the petition on respondent and on the Court of Appeals executed by the party serving containing a full statement of the date, place and manner of service in accordance with Section 13, Rule 13 in relation to Section 3, Rule 46 and Section 2, Rule 56 of the Rules; besides the affidavit of service was executed on 15 March 1999 prior to actual service on respondents on 22 March 1999 as shown by the registry receipts.

The manifestation and compliance of petitioner's counsel dated 5 June 1999 stating that petitioner submitted the petition for review on certiorari on 22 March 1999 even before the expiration of the period sought to be extended and before receipt of the resolution on his motion for extension of time to file petition is NOTED.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court


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