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[G.R. No. 150938.February 18, 2002]

HERRERA vs. BPI FAMILY SAVINGS BANK, INC.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 18 2002.

����������� G.R. No. 150938(Milabe Ceralbo Herrera vs. BPI Family Savings Bank, Inc.)

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 with prayer for restraining order and/or preliminary injunction 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 denial of petitioner's motion for extension of time to file petition in the resolution of 28 January 2002;

(b)������ pay the sheriff's fee and clerk's commission in accordance with Sections 2 and 3, 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 of said judgment in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(d)������ submit a certification, duly executed by petitioner himself, 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 quasi- judicial 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 its knowledge in accordance with Section 5, Rule 7, Section 4(e), Rule 45 in relation to Section 2, Rule 42 and Sections 4 and 5(d), Rule 56.(Quisumbing, J., on official leave.)

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

(Sgd.) LUDICHI YASAY-NUNAG

Asst. Clerk of Court

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