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[ G.R. No. 136496. April 12, 1999]

CAGAYAN ELEC. POWER & LIGHT CO., INC. vs. PHILVIDEC INDUSTRIAL AUTHORITY.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 12, 1999.

G.R. No. 136496 (Cagayan Electric Power and Light Co., Inc. vs. Philvidec Industrial Authority.)

Acting on the petition for certiorari dated 16 January 1999, the Court RESOLVES to DISMISS the same for being a wrong remedy since the proper recourse should have been a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended. In any event, even if the petition were treated as a petition for review on certiorari under Rule 45 of the Rules, the same would still be denied for late filing 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 said petition in the resolution of 10 February 1999, and for lack of a verified statement of the dates of receipt of the questioned resolution and of the filing of the motion for reconsideration of said resolution in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56 of the aforesaid Rules.

Accordingly, the motion of petitioner with manifestation dated 16 January 1999 stating that it is filing this petition as a special civil action under Rule 65 of the 1997 Rules of Civil Procedure, as amended and praying that its earlier motion for extension of time to file petition for review on certiorari be considered withdrawn and the legal fees paid therefor be deemed as payment for the legal fees in this petition is DENIED.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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