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[ G.R. No. 139021. July 26, 1999]

NOEL BALISTOY y LIM vs. REINERIO NAMOCATCAT, JR., et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 139021 (Noel Balistoy y Lim vs. Reinerio Namocatcat, Jr., et al.)

The motion of petitioner for extension of fifteen (15) days from 29 June 1999 within which to file petition for review on certiorari is DENIED for lack of an affidavit of service of copy of the motion on the Court of Appeals, explanation for the non-personal filing and service of copy of the motion on the Court of Appeals and payment of the amount of P420.00 as balance of the deposit for costs pursuant to Sections 11 and 13, Rule 13 in relation to Sections 2 and 3, Rule 45, and Section 5(c), Rule 56 of the 1997 Rules of Civil Procedure, as amended.

In accordance with Rule 45 in relation to Rule 56 an 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 petitioner's 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 petitioner's motion for extension of time to file petition;

(b) remit the amount of P420.00 as balance of the deposit for costs in accordance with Section, Rule 45 in relation to Section 5(c), Rule 56;

(c) state the material dates of receipt of the assailed judgment of the Court of Appeals and of filing of the motion for reconsideration thereof in accordance with Section 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(d) submit certified true copies of the questioned decision and resolution of the Court of Appeals, duly certified by the Clerk of Court or authorized personnel of the Court of Appeals, in accordance with Sections 4 (d) and 5, Rule 45 in relation to Section 5, Rule 56.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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