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[ G.R. No. 137935. July 21, 1999]

DONATA ROBLE vs. LORENZO ESCANO.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 21, 1999.

G.R. No. 137935 (Donata Roble vs. Lorenzo Escano.)

The motion of petitioner for extension of thirty (30) days until 10 May 1999 within which to file the petition for review on certiorari is DENIED for lack of proof of service of the motion on respondent in accordance with Section 13, Rule 13 of the 1997 Rules of Civil Procedure, as amended.

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 petitioner's failure to take the appeal within the reglementary period of fifteen (15) days in accordance with Section 2, Rule 25 in relation to Section 5 (a), Rule 56, in view of the foregoing denial of the motion for extension of time to file said petition. Moreover, petitioner also failed to show extraordinary circumstances justifying a departure from the established doctrine that findings of fact of the Court of Appeals are well-nigh conclusive on this Court and will not be reviewed or disturbed on appeal.

The Court NOTES: (1) respondent's opposition to the motion for extension of time to file petition for review on certiorari; (2) petitioner's reply thereto dated 10 May 1999; (3) respondent's rejoinder to aforesaid petitioner's reply dated 16 May 1999; and, (4) petitioner's motion for leave to admit additional annex to the petition for review on certiorari.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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