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[G.R. No. 162917. September 20, 2004]

ESGUERRA vs. YRUMA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 20 2004 .

G.R. No. 162917 (Celso Esguerra, et al. vs. Spouses Eduardo and Erlinda Yruma.)

This refers to petitioners' Motion for Reconsideration of the Resolution of May 24, 2004, whereby the Court denied the motion for extension to file petition for review on certiorari for failure of petitioners to state the material date of filing of a motion for reconsideration of the assailed judgment and for failure of counsel to indicate his attorney's roll number. In the same resolution, the petition itself was denied for failure to take the appeal within the reglementary period of fifteen days in view of the foregoing denial of the motion for extension, as well as for failure to properly verify the petition and submit a valid certification on non-forum shopping since the verification and certification on non-forum shopping was signed only by petitioner Flordeliza Esguerra without proof of her authority to sign the same in behalf of her co-petitioners.

While petitioners have demonstrated that their motion for reconsideration of the assailed judgment was timely filed before the Court of Appeals, they nonetheless failed to present any document to show that petitioner Flordeliza Esguerra was authorized to sign the verification and certification on non-forum shopping on behalf of his co-petitioners Celso, Esguerra and Roberto Esguerra.

WHEREFORE, finding no substantial argument to Warrant the reconsideration sought, the motion is DENIED with FINALITY.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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