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[ G.R. No. 135634. January 18, 1999]

RAMON R. SAN ANDRES, et al, vs. VICENTE RODRIGUEZ.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18, 1999.

G.R. No. 135634 (Ramon R. San Andres, administrator of the Intestate Estate of the late Juan R. San Andres vs. Vicente Rodriguez.)

The motion of the petitioner for substitution of party dated November 10, 1998 praying that he be substituted by Victor Ziga and Salvacion Tria in this case and that the instant petition for review on certiorari be admitted with said Victor Ziga and Salvacion Tria as petitioners is GRANTED.

Acting on the aforesaid petition for review on certiorari, the Court RESOLVES to DENY the same, the affidavit of service of copies of the petition on the respondents being not in accord with Section 13, Rule 13 in relation to Section 3, Rule 45 of the 1997 Rules of Civil Procedure and therefore ineffectual since the same was executed and sworn to on November 11, 1998 but the actual date of mailing of a copy of the petition to the respondent was made on November 12, 1998.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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