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[ G.R. No. 138524. July 26, 1999]

SAMLOEN S. PIMENTEL, SR. vs. MTC OF SAN JOSE, OCC. MINDORO, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138524 (Samloen S. Pimentel, Sr. vs. The Municipal Trial Court of San Jose, Occidental Mindoro, et al.)

In accordance with Rule 56 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 for:

(a) petitioner's failure to file the petition within the period fixed in Section 4, Rule 65, in view of the denial of his motion for extension of time to file petition in the resolution of 5 July 1999;

(b) being insufficient in form due to insufficient and defective verification in accordance with Sections 1, Rule 65, as a consequence of which the petition is treated as an unsigned pleading which under Section 3, Rule 7 produces no legal effect;

(c) being insufficient in substance in accordance with Section 1, Rule 65 in relation to Section 2, Rule 7, Section 3, Rule 46, and Section 2, Rule 56.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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