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[ G.R. No. 138877. July 19, 1999]

PLANTERS MOTOR & IND'L SALES CORP. vs. ERNESTO SYKI

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 19, 1999.

G.R. No. 138877 (Planters Motor and Industrial Sales Corporation vs. Ernesto Syki.)

The motion of petitioner for extension of thirty (30) days from 2 June 1999 within which to file petition for review on certiorari and to pay docket and other legal fees is DENIED for lack of written explanation why the filing of the motion with the Court was not done personally in accordance with Section 11, Rule 13, and for failure to pay the deposit for costs within the reglementary period in accordance with Sections 2 and 3, Rule 45 in relation to Section 5(c), Rule 56 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 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 petitioner's motion for extension to file petition; and

(b) failure to remit within the reglementary period the deposit for costs in accordance with Section 3, Rule 45 in relation to Section 5(c), Rule 56.

The Court further RESOLVES to NOTE (a) manifestation of petitioner's counsel dated 26 May 1999 remitting the amount of P420.00 as payment of docket fees, (b) the motion of respondent dated 7 June 1999 to dismiss the petition for review on certiorari, (c) the appearance of Atty. Joselito T. Bayatan as counsel for respondent, with request to be furnished with copies of court processes in this case at 3rd Floor, Far East Bank and Trust Company (FEBTC) Bldg.), Araneta St. Bacolod City, and (d) the withdrawal of appearance of Atty. Enrique S. Chua as counsel for respondent, with conformity of the latter.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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