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[ G.R. No. 138465. July 26, 1999]

JEREMIAS EGUIA, et al, vs. ANTONIO A. JANUBAS, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 26, 1999.

G.R. No. 138465 (Jeremias Eguia, et al. vs. Antonio A. Janubas, 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 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:

(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, in view of the denial of petitioners' motion for extension of time to file petition and motion for reconsideration in the resolution of 5 July 1999;

(b) submit a properly accomplished affidavit of service executed by the party serving after date of actual service as proof of such service, 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 2, Rule 56; and,

(c) submit a certification, duly executed and signed by petitioners themselves, that no other action or proceeding involving the same issues raised in this case has bee filed or is pending before this Court, the Court of Appeals, or in the different divisions thereof, or any other tribunal or quasi-judicial agency, with the undertaking to inform the Court of any similar case filed or pending in any court or quasi-judicial agency that may thereafter come to his knowledge in accordance with Section 5, Rule 7, Section 4(e), Rule 45 in relation to Section 2, Rule 42, and 5 (d), Rule 56.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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