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[ G.R. No. 139664. September 27, 1999]

PAULINO BENEMERITO vs. ROGELIO T. LIM, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 27 1999.

G.R. No. 139664 (Paulino Benemerito vs. Rogelio T. Lim, joined by his wife Marian F. Lim.)

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 petitioner's failure to:

(a) 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

(b) submit an effectual affidavit of service as required by Sections 3 and 5, Rule 45 in relation to Section 5(d), Rule 56 and Section 13, Rule 13 as the affidavit was executed prior to actual service.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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