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[ G.R. No. 139078. September 20, 1999]

EDGARDO FILLONE vs. PEOPLE

SECOND DIVISION

Gentlemen:

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

G.R. No. 139078 (Edgardo Fillone vs. People of the Philippines.)

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 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:

(a) petitioner's failure to 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 his first motion for extension of time to file petition in the resolution of 2 August 1999;

(b) petitioner's failure to submit a certification, duly executed by petitioner himself, that no other action or proceeding involving the same issues raised in this case has been filed or is pending before this Court, the Court of Appeals, or in the different divisions thereof, or any other tribunal or quasi-judicial agency, with the undertaking to inform the Court of any similar case filed or pending in any court or quasi-judicial agency that may thereafter come to his knowledge in accordance with Section 5, Rule 7, Section 4(e), Rule 45 in relation to Section 2, Rule 42, and Sections 4 and 5(d), Rule 56; and

(c) being insufficient in form due to lack of a proper verification of the petition in accordance with Section 4, Rule 7 in relation to Section 1, Rule 45.

Accordingly, the motions of petitioner for second and third extension of time totaling twenty (20) days from 38 July 1999 within which to file aforesaid petition for review on certiorari are NOTED WITHOUT ACTION

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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