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[ G.R. No. 136281. February 24, 1999]

SIMPLICIO PESIDAS, JR. vs. PEOPLE OF THE PHILIPPINES

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 24, 1999.

G.R. No. 136281 (Simplicio Pesidas, Jr. 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 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 failure of petitioner to:

(a) take the appeal within the reglementary period of fifteen 915) days provided in Section 2, Rule 45 in relation to Section 5 (a) of Rule 56, in view of the denial of his motion for extension of time to file the petition in the resolution of January 18, 1999;

(b) include in the certification against forum shopping the undertaking to inform this Court of any similar action or proceeding which may be filed pending before this Court, the Court of Appeals, or in the different divisions thereof, or any tribunal or agency within five (5) days from knowledge of the same in accordance with Section 4 (e), Rule 45 in relation to Section 5, Rule 7, Sections 4 and 5 (d), Rule 56, and the second paragraph of Section 2, Rule 42; and

(c) state the material dates of receipt by petitioner of the assailed judgment or final order, of filing of the motion for reconsideration of the assailed decision, and receipt of the resolution denying the motion for reconsideration of the assailed decision/judgment in accordance with Section 4 (b) and 5, Rule 45 in relation to Section 5 (d), Rule 56.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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