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[ G.R. No. 139435. September 1, 1999]

RHINE MKTG. CORP. vs. MAGSANO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 1 1999.

G.R. No. 139435 (Rhine Marketing Corporation vs. Severino Magsano.)

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 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 petitioner's failure to:

a) serve a copy of said petition on the Court of Appeals as required in Section 13, Rule 13 in relation to Section 3, Rule 45, and Section 5(d), Rule 56; and

b) give a written explanation on why service of the petition on respondents 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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