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[ G.R. No. 139684. September 29, 1999]

SINGH vs. BOARD OF COMMISSIONERS & JAIL WARDEN

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 29 1999.

G.R. No. 139684 (Marcela Magtira Singh vs. The Board of Commissioners and Jail Warden, both of the Bureau of Immigration.)

The motion of petitioner for extension of fifteen (15) days from 06 September 1999 within which to file petition for review on certiorari is DENIED for petitioner's failure to timely pay the deposit for sheriff's fee and clerk's commission in accordance with Section 2, Rule 45 of the 1997 Rules of Civil Procedure, as amended.

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 RESOLVES to DENY the petition for review on certiorari for 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 and to timely pay the amount of P202.00 as deposit for sheriff's fee and clerk's commission in accordance with Section 3, Rule 45 in relation to Section 5 (c), Rule 56.

Accordingly, petitioner's urgent motion for the issuance of a temporary restraining order dated 24 September 1999 is NOTED WITHOUT ACTION.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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