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[ G.R. No. 139042. September 8, 1999]

LEO R. CABRERA, et al. vs. GAVINA PALALON, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 8 1999.

G.R. No. 139042 (Leo R. Cabrera, joined by his wife Erlinda A. Cabrera, et al. vs. Gavina Palalon, 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 RESOLVED 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 the motion for extension of time to file said petition in the resolution of 02 August 1999;

b) state the material dates of receipt of the assailed judgment of the Court of Appeals and of the filing of their motion for reconsideration of the said judgment in accordance with Section 4 (b), Rule 45 in relation to Section 5 (d), Rule 56;

c) properly verify the petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 45 as a consequence of which the said petition is treated as an unsigned pleading which, under Section 3, Rule 7, produces no legal effect; and

d) give a written explanation why the filing of the aforesaid petition 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.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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