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[ G.R. No. 137363. August 11, 1999]

RONILO TUMBAGA y MERCADO vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 11, 1999.

G.R. No. 137363 (Ronilo Tumbaga y Mercado vs. Court of Appeals, et al.)

The manifestation and appearance of the Law Firm of Caluso Chica and Associates as counsel for petitioner with the latter's conformity requesting to be furnished with copies of court processes in this case at Unit 201 A and T Bldg., 244 Escolta St., Binondo, Manila, is NOTED.

Acting on the petition for certiorari, treated as one for review on certiorari in the resolution of 24 March 1999, the Court RESOLVES to DENY the petition for having been filed beyond the reglementary period of fifteen (15) days in accordance with Section 2, Rule 45 in relation to Section 5 (a), Rule 56 of the 1997 Rules of Civil Procedure, as amended. It evident that the aforesaid petition was resorted to as a substitute for the lost remedy of appeal by certiorari which is not countenanced by law and jurisprudence.

Very truly yours,

TOMASITA B. MAGAY-DRIS
Clerk of Court

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