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[ G.R. No. UDK-12638. January 20, 1999]

PABLO ARIOLA vs. APOLONIA de BELEN.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 20, 1999.

G.R. No. UDK-12638 (Pablo Ariola vs. Apolonia de Belen.)

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same for having been filed out of time on October 26, 1998, i.e., beyond the fifteen-day reglementary period provided in Section 2, Rule 45 of the 1997 Rules of Civil procedure, as well as for non-payment of the legal fees and deposit for costs pursuant to Section 3, Rule 45 in relation to Section 5 (c), Rule 56 of the aforesaid Rules of Civil Procedure. Moreover, the petition is not accompanied by a clearly legible duplicate original or certified true copy of the assailed decision of the Court of Appeals and resolution denying the motion for reconsideration of said decision. The petition is also insufficient in form for lack of proper verification pursuant to Sections 4 (d) and 5, Rule 45, in relation to Section 5 (d), Rule 56 and Section 4, Rule 7, respectively, of the same Rules, and accordingly, in view of this lack of a proper verification, the petition shall be treated as an unsigned pleading which, under Section 3, Rule 7, produces no legal effect.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court


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