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[ G.R. No. 136198. March 8, 1999]

IN THE MATTER OF THE PROBATE OF THE WILL OF EMILIA SALAZAR, MODESTO SALAZAR, et al. vs. SEMILLA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information is a resolution of this Court dated MAR 8, 1999.

G.R. No. 136198 (In the Matter of the Probate of the will of Emilia Salazar, Modesto Salazar vs. Leonila Semilla.)

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 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 of petitioner 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 denial of the motion for extension of time to file the said petition in the resolution of January 20, 1999;

b)submit an affidavit of service of copies of the petition on the Court of Appeals containing a full statement of the place of such service in accordance with Section 13 and Sections 3 and 5, Rule 45 in relation to S4ection 5 (d), Rule 56; and

c)Submit a certification under oath and executed by petitioners themselves that no other action or proceedings involving the same issues raised in this case has been files or is pending before this Court, the Court of Appeals, or in the different divisions thereof or any other tribunal 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 his knowledge as required in Section 4 (e), Rule 45 in relation to Section 5, Rule 7, Sections 4 and 5 (d), Rule 56, and the second paragraph of Section 2, Rule 42.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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