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[ G.R. No. 138628. July 12, 1999]

Quoted hereunder, for your information, is a resolution of this Court dated JUL 12, 1999.

G.R. No. 138628 (Spouses Severiano Marcelo and Celia Marcelo vs. Cecilia Sumait.)

The motion of petitioners for extension of thirty (30) days from 5 June 1999 within which to file petition for review on certiorari is DENIED for petitioners' failure to serve copy of the motion on the Court of Appeals in accordance with Section 4, 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:

(a) failure to 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 foregoing denial of petitioners' motion for extension of time to file petition;

(b) failure to state the material dates of receipt of the questioned decision of the Court f Appeals and of filing of the motion for reconsideration of aforesaid decision in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(c) being insufficient in form due to lack of proper verification of the petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 45, since petitioners merely alleged that the contents of the petition are true and correct without stating the basis thereof, as a consequence of which the petition is treated as an unsigned pleading which under Section 3, Rule 7, produces no legal effect.