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[ G.R. No. 137340. March 8, 1999]

MR. & MRS. MAHINAY, et al. vs. PERFECTO

SECOND DIVISION

Gentlemen:

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

G.R. No. 137340 (Mr. and Mrs. Leonardo Mahinay, et al. vs. Jovencio Perfecto through Special Attorney-in-fact Jul Perfecto.)

Acting on the petition for certiorari with prayer for preliminary injunction and/or restraining order, the Court RESOLVES to DISMISS the same for failure of petitioners to (a) submit with the petition a clearly legible duplicate original or certified true copy of the questioned decision dated June 16, 1998 in accordance with Section 1, Rule 65 and Section 3, Rule 46 in relation to Section 2, Rule 56 of the 1997 Rules of Civil Procedure as amended; and, (b) state the material dates of receipt of the questioned decision and of filing of their motion for reconsideration of the said decision in accordance with Section 4, Rule 65 in relation to the second paragraph of Section 3, Rule 46 of the aforesaid Rules. In any event, even if the aforementioned rules were complied with, the petition would nevertheless be dismissed for failure to sufficiently show that the aforesaid questioned decision is tainted with grave abuse of discretion.

Petitioners are informed that they may CLAIM from the Collecting and Disbursing Officer of this Court the amount of P378.00 as excess payment of the prescribed legal fees under O.R. No. 10242375 dated February 16, 1999.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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