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[ G.R. No. 138044. July 19, 1999]

OSCAR MANLAPAZ vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 19, 1999.

G.R. No. 138044 (Oscar Manlapaz vs. Court of Appeals and Elvira D. Bagares.)

The motion of petitioner for second extension of fifteen (15) days from 21 May 1999 within which to file petition for certiorari is DENIED for lack of a written explanation why service of copy of the motion on respondent was not done personally in accordance with Section11, Rule 13 of the 1997 Rules of Civil Procedure, as amended, and in view of the previous denial of petitioner's motion for extension of time to file petition in the resolution of 17 May 1999.

In accordance with Rule 65 in relation to Rule 46, Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing petitions for certiorari, prohibition and mandamus filed with the Supreme Court, only petitions which are accompanied by or comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DISMISS the petition for certiorari with prayer for restraining order for:

(a) failure to file the petition within the period fixed in Section 4, Rule 56, in view of the foregoing denial of petitioner's motion for extension of time to file petition.

(b) failure to state the material dates of filing of the motion for reconsideration of the assailed resolution of the Court of Appeals and of receipt of the denial thereof in accordance with Section 4, Rule 65 in relation to Section 3, Rule 46, as amended, and section 2, Rule 56;

(c) failure to give written explanation why the filing of the petition with the Court was not done personally as a consequence of which the petition is deemed as not filed in accordance with Section 11, Rule 13 in relation to Section 2(c), Rule 56; and

(d) failure to submit a properly accomplished affidavit of service of the petition on respondent and 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.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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