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[ G.R. No. 138707. July 12, 1999]

MARILAQUE LAND, INC. vs. OSCAR O. MARTINEZ, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138707 (Marilaque Land, Inc. vs. Oscar O. Martinez, et al.)

The motion of petitioner for extension of thirty (30) days from 21 May 1999 within which to file petition for review on certiorari is DENIED for petitioner's failure to submit an affidavit of service by registered mail of copies of the motion on respondents and on the Court of Appeals and to pay the amount of P420.00 as balance of the deposit for costs pursuant to Section 13, Rule 13 in relation to Section 2, Rule 45, and to Sections 2 and 3, Rule 45 in relation to Section 5(c), Rule 56, respectively, of the 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 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 petitioner's motion for extension of time to file petition.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court


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