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[ G.R. No. 138712. July 12, 1999]

ETHELINDA S. ABUEVA, et al. vs. HERMINIA DEL PUERTO FELICILDA, et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 138712 (Ethelinda S. Abueva, et al. vs. Herminia del Puerto Felicilda, et al.)

The motion of petitioners for extension of thirty (30) days from 28 May 1999 within which to file petition for review on certiorari is DENIED for petitioners' failure to submit a written explanation for the non-personal service of copy of the motion on the Court of Appeals in accordance with Section 11, 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 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 foregoing denial of petitioners' motion for extension of time to file petition;

(b) give a written explanation why service of copy of the petition on the Court of Appeals was not done personally, as a consequence of which is deemed as not filed, in accordance with Section 11, Rule 13 in relation to Section 3, Rule 45, and Section 5(d), Rule 56; and

(c) submit a certification, duly executed by petitioners themselves, that no other action or proceeding involving the same issues raised in this case has been 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 their knowledge in accordance with Section 5, Rule 7, Section 4(e), Rule 45 in relation to Section 2, Rule 42 and Sections 4 and 5(d), Rule 56.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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