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[ G.R. No. 137322 March 8, 1999]

SPS. MIRANDA vs. HON. AGNIR, JR., et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 137322 (Spouses Enrico and Yolanda Miranda vs. Hon. Wenceslao I. Agnir, Jr., Judge of the Regional Trial Court of Quezon City, Brach 81, et al.)

Acting on the petition for certiorari with prayer for preliminary injunction and/or restraining order, the Court RESOLVES to DISMISS the same for failure to 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 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 3, Rule 46 in relation to Section 2, Rule 56 of the 1997 Rules of Civil Procedure as amended; moreover, petitioners failed to adduce any compelling reason to warrant a disregard of judicial hierarchy in accordance with Section 4, Rule 65 of the said Rules and for this Court to assume jurisdiction over the case in the first instance.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court


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