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[G.R. No. 151870.February 18, 2002]

PATALINGHUG vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated FEB 18 2002.

G.R. No. 151870(Alipio Patalinghug, substituted by his children and represented by Luzviminda Patalinghug vs. Court of Appeals, et al.)

In accordance with Rule 65 in relation to Rule 46, Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing petitions for certiorari, prohibition and mandamus filed with 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 DISMISS the petition for certiorari, prohibition and mandamus with prayer for preliminary injunction and/or restraining order for petitioners' failure to:

(a)������ submit a verified statement of material dates in accordance with Section 4, Rule 65 and the second paragraph of Section 3, Rule 46 in relation to Section 2, Rule 56;

(b)������ submit an affidavit of service of copies of the petition on respondents containing a full statement of the date, place and manner of service in accordance with Section 13, Rule 13 in relation to Section 3, Rule 46 and Section 2, Rule 56 of the Rules;

(c)������� serve a copy of the petition on the Court of Appeals in accordance with Section 2(c), Rule 56 and the third paragraph of Section 3, Rule 46 in relation to the first paragraph of Section 2, Rule 56 and par. 2 of Revised Circular No. 1-88 of this Court; and

(d)������ submit the duplicate original or certified true copies of the questioned judgment of the Court of Appeals and resolution denying the motion for reconsideration of said judgment in accordance with Section 1, Rule 65 and Section 3, Rule 46 in relation to Section 2, Rule 56.

Accordingly, petitioners' motion/manifestation dated 13 February 2002 setting forth supplemental arguments in support of the issuance of restraining order, with prayer forprohibition/temporary restraining order, and petitioners' motion dated 14 February 2002 for urgent raffle are NOTED WITHOUT ACTION.(Quisumbing, J., on official leave.)

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

(Sgd.) LUDICHI YASAY-NUNAG

Asst. Clerk of Court

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