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[ G.R. No. 139119. August 4, 1999]

SUSTINES POLLESCAS, et al. vs. LEON DELIMA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder for your information, is a resolution of this Court dated AUG 4, 1999.

G.R. No. 139119 (Sustines Pollescas, et al. vs. Leon Delima, 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 are accompanied by or 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;

b) timely pay the prescribed legal fees and the balance of P420.00 as deposit for costs in accordance with Section 3, Rule 45 in relation to Section 5 (c), Rule 56;

c) submit an affidavit of service of the petition on respondents and the Court of Appeals pursuant to Section 13, Rule 13 and Section 3, Rule 45 in relation to Section 5 (d), Rule 56;

d) give a written explanation on why service of the petition on respondents and on the Court of Appeals was not done personally, as a consequence of which the same is deemed as not filed pursuant to Section 11, Rule 13 in relation to Section 5 (d), Rule 56; and

e) state the date of receipt of the assailed resolution of the Court of Appeals in accordance with Sections 4 (b) and 5, Rule 45 in relation to Section 5 (d), Rule 56.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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