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[ G.R. No. 136767. April 12, 1999]

NORBERTO & NIEVES C. TORIO vs. PDCP DEV'T BANK, INC., et al.

SECOND DIVISION

Gentlemen:

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

G.R. No. 136767 (Norberto Torio and Nieves C. Torio vs. PDCP Development Bank, Inc., et al.)

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 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 for petitioners' 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 petitioners' motion for extension of time to file the petition in the resolution of 3 February 1999;

(b) submit together with the petition an affidavit of service executed by the party serving containing a full statement of the date, place and manner of service in accordance with Section 13, Rule 13, and Sections 3 and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(c) submit with the petition a clearly legible duplicate original or certified true copy of the questioned order denying the motion for reconsideration of the assailed decision in accordance with Sections 4 (d) and 5, Rule 45 in relation to Section 5 (d), Rule 56.

Petitioners are informed that they may CLAIM from the Collecting and Disbursing Officer of this Court the amount of P5.10 as excess payment of the prescribed legal fees under O.R. No. 10242005 dated 8 January 1999.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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