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[G.R. No. 165450. January 18, 2005]

YENKO vs. GUNGON

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18 2005 .

G.R. No. 165450 (Francis F. Yenko, as Administrator and Mayor Jinggoy E. Estrada, both of the Municipality of em>San Juan , Metro em>Manila vs. Raul Nestor C. Gungon .) and G.R. No. 165452 (Raul Nestor C. Gingon vs. Francis F. Yenko .)

The Court Resolved to NOTE the

(a) Manifestation dated 30 November 2004 filed by counsel for petitioners in G.R. No. 165450, stating that the said petitioners received a copy of the petition filed by respondent Raul Nestor C. Gungon in G.R. No. 165452;

(b) Manifestation dated 1 December 2004 filed by the respondent in G.R. No. 165450, stating, among other things, that the petitioners filed a motion for extension of time to file a petition on 15 October 2004; that the petitioners failed to state the date of filing of the motion for reconsideration of the questioned judgment of the Court of Appeals; that there was no service of the said motion on the Civil Service Commission; that on 18 October 2004, the respondent filed his own motion for extension of time to file a petition and the same was docketed as G.R. No. 165452; that despite due notice on the petitioners' counsel, the petitioners failed to inform the Court that a similar action or proceeding was also pending with the Court En Banc; that the failure of the petitioners to comply with the requirements regarding proof of service on the Civil Service Commission shall be sufficient ground for the dismissal of the petition; and

(c) Compliance dated 14 December 2004 filed by counsel for petitioner in G.R. No. 165452, stating that the petition was filed on 19 November 2004; that a copy of the petition was served upon the Civil Service Commission via registered mail; that service by registered mail was completed on 24 November 2004 as indicated at the dorsal portion of the Registry Return Receipt; that the instant compliance is being filed as proof of service of the petition.

Davide, Jr., C.J., on sick leave.

Puno, J., Acting C.J.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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