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[ UDK-12759. September 6, 1999]

FELIX MONFORTE y FELIZARDO vs. PEOPLE

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 6 1999.

UDK-12759 (Felix Monforte y Felizardo 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 petitioner's 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 petitioner's motion for extension of time to file petition in the resolution of 2 August 1999;

(b) pay the corresponding docket and other legal fees and deposit for costs in accordance with Sections 2 and 3, Rule 45 in relation to Section 5(c), Rule 56;

(c) state the material date of his receipt of the questioned judgment of the Court of Appeals in accordance with Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(d) submit with the petition an affidavit of service as proof of alleged service of copies of the petition on respondents and on the Court of Appeals executed by the party serving containing a full statement of the date, place and manner of service in accordance with Section 5(d), Rule 56 in relation to Section 13, Rule 13 of the Rules.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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